WPS/7069/2008 of VASHISHTH NARAYAN SINGH Vs STATE OF CHHATTIGARH and ORS. on 19 December 2008

HiGHCOURTOFCHHATTJSGARH.BiLASPURWrit Petition (S) No. 7089/2008

DB: HON'BLE SHR!SUNIL KUMAR SINHA&HQN'BLE SHR! T. P. $HARMA, JJ.

PETITIONERVashishth Narayan Singti, spn of lateShri Baleshwar Singh, aged about 58years, presentiy working as Driver,Office of Chief Medical and HealthOfRcer,Ambikapur,residertofNavapara, Ambikapur, Distt. Sarguja(C.G.)ViersusRESPONDENTSState Govt. ofChtiattJsgarh,ThroughtheSecretery,TransportDepartment, D.K.S. Bhavyan, Rajpur(G.G^2TheSpecialSecretary,TransportDeparftnent.D.K.S.Bha'ffan, Raipur(C.G.)The Managing Director, ChhattisgarhStateInfrash-uctureDeve!opmentGorporation, Transport Department,Raipur, Distt. Ra!pur(C.G).TheDivisionalManager,ChhattisgarhSiateInfrastructureDeveiopment Corporation, Divisionaloffice, Bilaspur, Distt. Bilaspur (C.G)5The Chief Medical and Health Officer,Ambikapur, Distt. Sarguja (C.G).Vmn^PgTmQNiJNDERARTICI^ZZe^FTHgCQNST^

!NDSA

MBOearance:

Shri V.K. Pandey, Counsel for the Petitioner.

ShriKishoreBhadufi.AdditJpnatAdvocateQeneralfortheState/respondents ne:1, 2 & 5.

QSALORBEE(19.12.2008)

Foliowingorder of theCourtwaspassedbySynil Kymar Sinha, J, Heard on admission.

PetitionerVashishthNarayanSinghhasflledthispetltionchailenging the conditions of deputation, particularly condition No.8mentioned inthe document (Annexure P-2) and also chatienging theoffice order dated 24.1.2008 (Annexure P-1), according to wnich, hehasbeenproposedtobesuperannuatedon31.12.2008aftercompletion of 58 years of service on the ground of his date of birth as01.01:1951.

Learned counsel for the petitioner submits that the petitioner wasinitiaily working in M.P. State Road Transport Corporation and afterreorganization of tbe State of M.P., he was sent to State Garage,Raipur.He submits that thereafter by an order dated 31.7.2004(Annexure P-4) he was sent on deputation to the Heaith Departmentand was posted in the office of respondent no.5.He submits thataccording to the deputation memo dated 10.12.2007 (Annexure P-6)jssued by the Transport Department to alt the Department Heaas, theservice of the petitioner had to beabsorbed in the Health Departmentbut the process of absorptioncould not be completed and ultimately anorder of superannuation of the petitioner on completion of58years nasbeen passed.He submits that ifthe petitioner is absorbed as per thememodated10.12.2007(AnnexureP-6),his serviceswouldbegoverned by the Rules of the State, on which, he would retire aftercompletion of 60 years ancl in this manner, he will get the benefrt of twoyears. He submits that for absorption, a representation has been madeon 31.5.2008 but no action has been taKen on the said representation.For the present, he prays that this petition may be dlsposed of with adirection to therespondents to dispose of hisrepresentation forabsorption filed on 31.5.2008 (Annexure P-7) within the stipulatedperiod,so that, In case the representation is allowed, the petiUonerwouid get the beneflt oftwoyears. This llmited praver made by learnedcounsel for the petitioner isnot opposed by ttie Addl. Advocate generalappeanng forthe State and other respondents.

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W.P. No.7069/2008

Accordingly, this petition is djsposed of with a direction that thepetitioner,if so advised, may file another copy of representation(Annexure P-7) alonwith a copy of this writ petitton and the orderpassed by this Court on today before the respondents within a period of7days from today and ifsuch a representation is flled, theconcernedauthority shall dispose of the same at the earliest preferably within aperiod of 4 weeKs from the date of receipt of representation and theresuit shali be communicated to the Detitloner.

With the above observations, this petitlon stands finaliy disposed ofat the motion stage itself.C.c. today itself.

Sd/-tir-T.E. Sharma—.5Judge

Sd/-Sunil Kumar SiiihaJudge