High Court Of ChhattisgarhWPS/1224/2015disposed off

Niyaz Ahmed Khan v. State Of Chhattisgarh And ORS.

2015-10-26Hon'Ble Shri Justice Sanjay K. Agrawal3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1217 of 2015 Jitendra Shrivastava S/o Late Shri B.L. Shrivastava, Aged About 48 Years, Occupation Service, Presently posted and working as Assistant Grade III in the Office of Collector, Bastar, Jagdalpur, (Chhattisgarh) R/o Near Circuit House Chowk, Jagdalpur, District Bastar, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh, through the Secretary, Department of Revenue & Disaster Management, Mahanadi Mantralaya, Naya Raipur, Post Office & Police Station Naya Raipur, District Raipur, (Chhattisgarh)

2. Commissioner, Bastar Division, Jagdalpur, Bastar (Chhattisgarh)

3. Collector, Bastar, District Bastar (Jagdalpur) (Chhattisgarh)

4. Collector Kondagaon, Distt. Kondagaon, (Chhattisgarh) ---- Respondents WPS No. 1223 of 2015 Vijay Sheil Suta S/o Late Shri N.H. Suta Aged About 50 Years Occupation Service, Presently Posted and Working as Assistant Grade IIII in the office of Collector Bastar Jagdalpur Chhattisgarh R/o Near Mission School Mission Mother Teresa Ward Jagdalpur, District Bastar Chhattisgarh ---- Petitioner

Versus

2. Commissioner, Bastar Division, Jagdalpur, Bastar (Chhattisgarh)

3. Collector, Bastar, District Bastar (Jagdalpur) (Chhattisgarh)

4. Collector Kondagaon, Distt. Kondagaon, (Chhattisgarh) ---- Respondents And WPS No. 1224 of 2015 Niyaz Ahmed Khan S/o Late Shri Noor Mohammad Khan, Aged About 47 Years Occupation Service, Presently Posted and Working as Assistant Grade III in the office of Collector, Bastar Jagdalpur, (Chhattisgarh) R/o H.No. H-8/15 Krishi Upaj Mandi Line, Maharani Ward, Jagdalpur, District Bastar, (Chhattisgarh) ---- Petitioner

Versus

2. Commissioner, Bastar Division, Jagdalpur, Bastar (Chhattisgarh)

3. Collector, Bastar, District Bastar (Jagdalpur) (Chhattisgarh)

4. Collector Kondagaon, Distt. Kondagaon, (Chhattisgarh) ---- Respondents For Petitioners :

Mr.Rajeev Shrivastava, Advocate in all cases For Respondents :

Mr. Yashwant Singh Thakur, Dy.Advocate General in all cases Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 26/10/2015 1.

Since all the writ petitions involve common facts and common question of law, therefore, they are being clubbed together, considered and decided by this common order.

By these writ petitions under Article 226 of the Constitution of India, the petitioners have questioned the legality and propriety of the order dated 24.12.2011 passed by the Additional Secretary, Revenue and Disaster Management Department, by which services of the petitioners (Assistant Grade-III) were transferred. 3.

Since the post of Assistant Grade-III was not vacant at the transfer place, the petitioners were not allowed to join at the new place of posting and they remained working in original place. Thereafter, by order dated 26.3.2015 the petitioners have been directed to be relieved from District Office, Jagdalpur to District Office, Kondagaon. Against which, these writ petitions have been filed.

Mr.Rajeev Shrivastava, learned counsel appearing for the petitioners would submit that the petitioners are original employees of District Bastar (Jagdalpur) and they have been sent to newly constituted

district Kondagaon. Against which, the petitioners made representations dated 30.12.2011 & 11.8.2014 through its Union and respondent No.3 by order dated 30.5.2012 (Annexure P/9) has informed the actual status of service of the petitioners, but the respondent No.2 by order dated 26.3.2015 has relieved the petitioners and as such, their cases have not been considered in accordance with law.

In view of above, the petitioners are directed to make fresh representations to the State Government within two weeks from today highlighting their all grievances raised in these writ petitions and in turn, the State Government will take a decision within 10 weeks from today in accordance with law by speaking/reasoned order. 6.

Accordingly, the writ petition is disposed off with the above-stated direction. Since the interim order is in operation from 10.4.2015, it will remain in force till the representations are finally decided by the State Government and result of consideration is informed to the petitioners. No order as to cost (s).

Sd/- (Sanjay K. Agrawal) JUDGE B/-