Ramkumar Kesharwani v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 10673 of 2019 • Ramkumar Kesharwani S/o Late Shri Chandrabhan Kesharwani Aged About 61 Years Assistant Revenue Inspector Office Nagar Panchayat Lormi, R/o Lormi, Police Station Lormi, District Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary General Administration Department, Government Employee Kalyan Shakha Mantralaya Mahanadi Bhawan Naya Raipur, Chhattisgarh.

2. Secretary Chhattisgarh Government Urban Administration And Development Department Mantralaya Mahanadi Bhawan Naya Raipur, Chhattisgarh

3. Chief Secretary Chhattisgarh Government Transport Department Mantralaya Mahanadi Bhawan Naya Raipur, Chhattisgarh

4. Director Sanchalnalaya Urban Administration And Development Chhattisgarh Indrawati Bhawan Naya Raipur, District Raipur, Chhattisgarh

5. Managing Director C.I.D.C / Chhattisgarh Infrastructure Development Corporation Limited Shastri Chowk Raipur, District Raipur, Chhattisgarh

6. Chief Municipal Officer Nagar Panchayat Lormi, District Bilaspur, Chhattisgarh ---- Respondents For Petitioner :

Shri Rajendra Kumar Patel, Advocate For Respondents-State :

Shri Soumya Rai, PL for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 17/12/2019

1. Learned counsel for the petitioner would submit that the petitioner was working in the erstwhile M.P.S.R.T.C., however after creation of the State of Chhattisgarh a separate Road Transport Corporation has not been constituted in the State of Chhattisgarh, therefore, his services was placed

in the control of respondent/Chhattisgarh Infrastructure Development Corporation (for short 'C.I.D.C.'). He would further submit that the State Government has issued number of circulars deciding to absorb services of the employees working in the erstwhile M.P.S.R.T.C in various Corporation/Mandals in the State of Chhattisgarh and in furtherance of the said policy several employees have already been absorbed.

2. Learned counsel would further submit that for the present, the petitioner would confine their prayer for issuance of direction to the respondents to take a decision on the representation pending before the said authority. He is restricting their prayer in view of the order passed by this Court in the matters of O.P. Singh Vs. State of Chhattisgarh & others1, Abdul Hakim Vs. State of Chhattisgarh & others2, Uttam Kumar Sharma Vs. State of Chhattisgarh & others3, Raju Pandey & others Vs. The State of Chhattisgarh & others4, Nandkumar Vaishnav & others Vs. The State of Chhattisgarh & others5 and Chandrayan Singh Thakur & others Vs. The State of Chhattisgarh & others6.

3. In view of the above, the writ petition is disposed of with a direction that in the event, the petitioner submit fresh representation before the competent authority of the respondents within a period of four weeks, the said authority shall consider and decide petitioners' representation in an objective manner keeping in view the circular issued by the State Government from time to time, as also the orders of absorption passed with respect to the similarly placed employees, as early as possible, preferably within a period of three months from the date of submission of representation. WP (S) No.5521/2010 WP (S) No.473/2013 WP (S) No.476/2013 WP (S) No.1220/2013 WP (S) No.1458/2013 WP (S) No.2128/2013

4. It is made clear that this Court has not expressed any opinion on the merits of the case and the respondent authorities shall decide the matter, on its own merits, strictly in accordance with law, without treating any observation made in this order, as opinion on the merits of the case.

5. With the above observation, the writ petition is finally disposed of. Sd/- (Goutam Bhaduri) Judge yasmin