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High Court Of ChhattisgarhWPS/3406/2020dismissed

Narendra Kumar Verma v. Chhattisgarh State Power Distribution Company Limited,

2020-08-27Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3406 of 2020 • Narendra Kumar Verma S/o Late Shiv Kumar Verma, Aged About 31 Years Presently Posted In The Office Of Assistant Engineer, Bhatapara Zone, Chhattisgarh State Power Distribution Company Limited, Bhatapara, R/o Naya Ganj Pond, Bhatapara, District Baloda Bazar - Bhatapara Chhattisgarh ---- Petitioner

Versus

1. Chhattisgarh State Power Distribution Company Limited, Through - Executive Director, Chhattisgarh State Power Distribution Company Limited, Raipur, District Raipur Chhattisgarh.

2. Executive Engineer, Chhattisgarh State Power Distribution Company Limited, Bhatapara, District Baloda Bazar - Bhatapara Chhattisgarh.,

3. Executive Engineer, Chhattisgarh State Power Distribution Company Limited, Gopalpur, Kasdol, District Baloda Bazar - Bhatapara Chhattisgarh ---- Respondents For Petitioner :

Mr. Nasimuddin Ansari, Advocate Hon'b le Shri Justice Goutam Bhaduri Order 27.08.2020

1. Heard

2. Learned counsel for the petitioner submits that the petitioner, while working on the post of Lineman at Bhatapara, was suspended, and subsequently he filed the writ petition WPS No. 2483/2019 before this Court wherein this Court on 04.04.2019 (Annexure P/4) observed that the petitioner may file the departmental appeal. He further submits that subsequently his suspension was revoked and the petitioner was transfered and thereby placed at Kasdol whereas he should have been placed at Bhatapara. Learned counsel for the petitioner has

placed his reliance in the case of Prakash Narayan Tiwari v. State of Chhattisgarh & Others (Annexure P/3) passed on 07.07.2015 and would submit that after suspension is revoked the employee is required to be placed on the same place to his earlier place of posting.

3. On this subject issue reference was also made to the Division Bench judgment passed in WPS No. 7269/2017 (L.P. Saket v. Chattisgarh State Civil Supplies Corporation Limited & Others) whereby the Division Bench on 15.11.2018 has observed that after suspension is revoked the employee will not have a right to continue in the same place of posting on revocation of suspension as he only has a lien over the post not on the place of posting.

4. Considering the judgment passed in the case of L.P. Saket (Supra) no relief can be granted to the petitioner and the present writ petition has no merit. Accordingly, the writ petition stands dismissed. Sd/- (Goutam Bhaduri) Judge Vishakha