1 2025:CGHC:9423 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1422 of 2025 1 - Sunil Kumar Dhidhi S/o Late Shri Biharilal Dhidhi Aged About 42 Years Presently Working In The Post Of Sub-Engineer, Sub-Division Patan, P.W.D. Durg Division, R/o House No. 18, Vip Nagar, Risali, Bhilai, Tehsil And District- Durg (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Secretary, Public Works Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - Deputy Secretary Public Works Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 3 - Upper Secretary Public Works Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur, (C.G.) 4 - Engineer-In-Chief Public Works Department, Nirman Bhawan, Sector-19, North Block, Nawa Raipur, Atal Nagar, District-Raipur, (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Chandresh Shrivastava, Advocate AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.02.25 18:11:53 +0530 2 For Respondent/State : Mr. Rishabh Bisen, Panel Lawyer. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 24/02/2025 1. By the present writ petition, the petitioner is questioning the order dated 17/02/2025 Annexure P-1, by which, the respondents/State have rejected the representation by non- speaking and unreasoned order in spite of the fact that the representation has been made pursuance to the order dated 20/11/2024 passed by this Court in WPS No.6162/2024. 2. Learned counsel for the petitioner submits that in an earlier round of litigation in WPS No.6162/2024, the writ petitioner has questioned the transfer order Annexure P-1 dated 24/09/2024, by which, the petitioner has been transferred from PWD, Durg Sub- Division to PWD Dantewada on the post of Sub-Engineer. The transfer order dated 24/09/2024 was questioned on the ground that the petitioner was permitted by the department to pursue higher study i.e. M.Tech Course (Part-time) vide order dated 14/09/2023 and the duration of course was three years. The petitioner pursuance to the said permission, has taken admission in the academic year 2023-24 in Rawatpura Sarkar University, Dhaneli, Raipur and still he is pursuing the M.Tech Course (Part-time). The writ petition was decided by this Court vide order dated 20/11/2024 on the ground that once the Chief 3 Engineer vide order dated 14/09/2023 granted permission to pursue the M.Tech Course (Part-time) and the petitioner has cleared three semester, the authorities are duty bound to consider the grievance of the petitioner and the concerned authority ought to have permitted the petitioner to complete the M.Tech Course (Part-time) and directed the petitioner to submit a representation before the respondent No.1 who is the Secretary, Department of Public Works and the respondents/Secretary was directed to consider the grievance of the petitioner. 3. Learned counsel for the State/respondent submits that though the petitioner submitted a detailed reply, without taking into consideration about the permission granted for M.Tech Course (Part-time) by the Chief Engineer and the petitioner is presently pursuing fourth semester, by the impugned order Annexure P-1, the respondents have rejected the representation by non-speaking and unreasoned order. 4. I have heard learned counsel for the parties and perused the order dated 20/11/2024 in WPS No.6162/2024. 5. In the order dated 20/11/2024, the petitioner was directed to submit a representation before the respondent authority with an observation that the permission to pursue studies was granted by the Chief-engineer vide order dated 14/09/2023. Clause-III of the same would say that the petitioner has to clear 4 the examination within the prescribed period i.e. three years. According to the permission letter, the permission was granted for the academic year 2023-24. The petitioner has already cleared three semesters. As informed by counsel for the petitioner, the examination of 3rd semester has commenced from 19th November, 2024 and he has succesfully cleared his 3rd semester. The permission which was granted by the Chief- Engineer, was within the knowledge of respondent authority and as the petitioner has completed three semesters out of six, the authorities concerned ought to have granted permission to complete the course of M.Tech. 6. However, in spite of the said observation, the respondent authority without considering the permission granted to complete the M.Tech Course (Part-time) and the petitioner has already completed three semesters, the respondents have passed the impugned order Annexure P-1 by non-speaking and unreasoned order without modification of the transfer order, hence, the impugned order dated 17/02/2025 is hereby quashed and the respondent/State is directed to pass necessary order by making posting of the petitioner in a place nearer to the University, where the petitioner is pursuing his M.Tech Course (Part-time) by looking to the convenience of the petitioner, he be permitted to continue in the present place of posting till the decision of the State Government. 5 7. Accordingly, the writ petition is allowed to the above extent. SD/- (Bibhu Datta Guru) Judge Amardeep