1 2025:CGHC:16899 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2870 of 2018 1. Ajay Singh Thakur S/o Late Shri G.S. Thakur, Aged About 33 Years Occupation Fireman, Grade – II 2. Vijay Chouragade, S/o Shri Rekhchand Chouragade, Aged About 33 Years Occupation - Fireman, Grade – II 3. Amit Kumar Koshle S/o Shri Narottam Koshle, Aged About 30 Years Occupation - Fireman, Grade – II 4. Sanjay Kumar Sidar, S/o Shri Kartik Ram, Aged About 39 Years Occupation - Fireman, Grade – II 5. Jitendra Kumar Bhatt, S/o Late Shri Shatruhan Prasad Bhatt, Aged About 32 Years Occupation - Fireman, Grade – II 6. Laxmi Narayan Verma, S/o Shri Hemray Verma, Aged About 41 Years Occupation - Fireman, Grade – II 7. Suresh Kumar S/o Shri Mahraji Ram Surojiya, Aged About 34 Years Occupation - Fireman, Grade -II 8. Devendra Kumar Kashyap S/o Shri Shobha Ram Kashyap, Aged About 33 Years Occupation - Fireman, Grade – II 9. Hemant Kumar Thakur, S/o Shri Pardeshi Ram Thakur, Aged About 29 Years Occupation - Fireman, Grade – II 10. Shiv Kumar Khunte S/o Shri Nankoo Ram Khunte, Aged About 33 Years Occupation - Fireman, Grade – II 11. Khuman Singh Verma, S/o Shri Khedan Ram Verma, Aged About 37 Years Occupation - Fireman, Grade – II 12. Rajesh Kumar Gayakwad, S/o Late Shri Lakhanlal, Aged About 40 Years Occupation - Fireman, Grade - II --- Petitioners Versus 1. State Of Chhattisgarh Through The Secretary, Department Of Home Police Affairs, Mahanadi Bhawan, Mantralay, New Raipur, District : Raipur, Chhattisgarh 2. The Director General, Home Guards, C.G. Emergency Services And State Disaster Response Force (SDRF), District : Raipur, Chhattisgarh 3. The Commissioner, Municipal Corporation, Raipur, District : Raipur, Chhattisgarh --- Respondents And Digitally signed by RAMESH KUMAR VATTI 2 WPS No. 2934 of 2018 1. Ganesh Ram Devdas S/o S/o Shri Shyam Ratan Devdas Aged About 55 Years Occupation- Driver, Working Under The Office Of Municipal Corporation, Raipur, District- Raipur, Chhattisgarh 2. A. Venumadhava S/o S/o Shri A. K. N. Rao, Aged About 32 Years Occupation- Fireman, Grade-Il, Working Under The Office Of Municipal Corporation, Raipur, District- Raipur, Chhattisgarh 3. Penuram Mandavi S/o S/o Shri Chatursingh Mandavi Aged About 37 Years Occupation- Fireman, Grade-Il, Working Under The Office Of Municipal Corporation, Raipur, District- Raipur 4. Yashwant Kumar S/o Shri Bhushan Das Aged About 28 Years Occupation- Fireman, Grade-Il, Working Under The Office Of Municipal Corporation, Raipur, District- Raipur, Chhattisgarh 5. Mahammed Saleem S/o S/o Shri M. D. Moinuddin Ashrafi Aged About 41 Years Occupation- Fireman, Grade-Il, Working Under The Office Of Municipal Corporation, Raipur, District- Raipur, Chhattisgarh 6. Ravindra Verma S/o Shri Shivam Verma Aged About 30 Years Occupation- Fireman, Grade-Il, Working Under The Office Of Municipal Corporation, Raipur, District- Raipur, Chhattisgarh 7. Jitendra Kumar Yadav S/o Shri Vishram Singh Yadav Aged About 30 Years Occupation- Fireman, Grade-Il, Working Under The Office Of Municipal Corporation, Raipur, District- Raipur, Chhattisgarh 8. Dhanat Kumar Shrey S/o S/o Late Shri Geeta Ram Shrey Aged About 32 Years Occupation- Fireman, Grade-Il, Working Under The Office Of Municipal Corporation, Raipur, District- Raipur, Chhattisgarh 9. Manoj Kumar Patel S/o S/o Shri Raja Ram Patel Aged About 28 Years Occupation- Fireman, Grade-Il, Working Under The Office Of Municipal Corporation, Raipur, District- Raipur, Chhattisgarh 10. Kamal Krishna Tandan S/o S/o Shri T. R. Tandan Aged About 31 Years Occupation- Fireman, Grade-Il, Working Under The Office Of Municipal Corporation, Raipur, District- Raipur, Chhattisgarh 11. Mahesh Kumar Chandrakar S/o Shri Ganesh Ram Chandrakar Aged About 33 Years Occupation- Fireman, Grade-Il, Working Under The Office Of Municipal Corporation, Raipur, District- Raipur, Chhattisgarh 12. Rajkishor Pal S/o Shri Sevaram Pal Aged About 37 Years Occupation- Fireman, Grade-Il, Working Under The Office Of Municipal Corporation, Raipur, District- Raipur, Chhattisgarh 13. Parampreet Singh Kondal S/o Late Shri Trilochan Singh Aged About 31 Years Occupation- Fireman, Grade-Il, Working Under The Office Of Municipal Corporation, Raipur, District- Raipur, Chhattisgarh 14. Deepak Kumar Kaushik S/o Shri Ankalaha Ram Aged About 41 Years Occupation- Fireman, Grade-Il, Working Under The Office Of Municipal Corporation, Raipur, District- Raipur, Chhattisgarh 15. Harish Kumar Pal S/o Shri Shankar Lal Pal Aged About 34 Years Occupation- Fireman, Grade-Il, Working Under The Office Of Municipal Corporation, Raipur, District- Raipur, Chhattisgarh 3 16. Satish Kumar Sidar S/o Late Shri Kartik Ram Aged About 41 Years Occupation- Fireman, Grade-Il, Working Under The Office Of Municipal Corporation, Raipur, District- Raipur, Chhattisgarh 17. Shivendra S/o Shri Narottam Lal Aged About 28 Years Occupation- Fireman, Grade-Il, Working Under The Office Of Municipal Corporation, Raipur, District- Raipur, Chhattisgarh 18. Rasbihari Jatwar S/o Shri Moharsay Aged About 42 Years Occupation- Fireman, Grade-Il, Working Under The Office Of Municipal Corporation, Raipur, District- Raipur, Chhattisgarh 19. Bhuvann Lal Purena S/o Shri Tarachand Purena Aged About 29 Years Occupation- Fireman, Grade-Il, Working Under The Office Of Municipal Corporation, Raipur, District- Raipur, Chhattisgarh 20. Bhupendra Kumar Singh S/o Shri Dhirsai Singh Aged About 27 Years Occupation- Fireman, Grade-Il, Working Under The Office Of Municipal Corporation, Raipur, District- Raipur, Chhattisgarh ---Petitioners Versus 1. State Of Chhattisgarh Through The Secretary, Department Of Home Police Affairs, Mahanadi Bhawan Mantralaya, New Raipur, District : Raipur, Chhattisgarh 2. The Director General, Home Guards, C. G. Emergency Services And State Disaster Response Force (SDRF), District- Raipur, Chhattisgarh 3. The Commissioner, Municipal Corporation, Raipur, District- Raipur, Chhattisgarh --- Respondents For Petitioners : Mr. Prakash Tiwari & Mr. Anmol Singh, Advocates For Respondents No. 1 & 2/ State For Respondent No. 3 : : Ms. Shailja Shukla, Deputy Government Advocate Ms. Swati Agrawal, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 11/04/2025 1. The petitioners have filed these petitions seeking the following relief(s):- “10.1 The Hon'ble court may be pleased to call for the entire records pertaining to the deputation order of the petitioners. 10.2 This Hon'ble Court may kindly be pleased to set-aside / quash the order dated 21.06.2017 (Annexure P-1) issued by the respondent no. 1. 10.3 This Hon'ble Court may kindly be pleased to issue the writ / writs to direct the respondents to repatriate the services of the petitioner under the respondent no. 3 who is the parent department with all consequential benefits. 4 10.4 Any other relief, which Hon'ble court deems fit and proper of the case, may be allowed. 10.5 Cost of the petition may also be given.” 2. Mr. Prakash Tiwari, learned counsel appearing for the petitioners would submit that the petitioners have challenged the order dated 21.06.2017 (Annexure P-1) issued by respondent No. 1, whereby the petitioners were sent on deputation to the office of respondent No. 2 without their prior consent. He would contend that the petitioners worked under respondent No. 2 for a period of 08 years and now respondent No. 2 is not willing to absorb their services. He would also contend that pursuant to the direction issued by this Court, the Deputy Secretary, Department of Home filed an affidavit wherein it is stated that the employees of the Municipal Corporation posted on deputation in the Fire and Emergency Services and SDRF cannot be merged with the Fire and Emergency Services and SDRF as the aforesaid employees are not Government Servants. Mr. Prakash Tiwari would also submit that as the State is not willing to absorb the services of the petitioners with respondent No.2 department, a direction may be issued to respondent No. 2 to relieve the petitioners forthwith to their parent department along with a direction to extend all benefits for which the petitioners were / are entitled. 3. On the other hand, learned counsel appearing for the respective respondents would oppose the submissions made by learned counsel for the petitioners. 4. Heard learned counsel for the parties and perused the documents. 5. Taking into consideration the fact that the State in its affidavit filed on 27.03.2025 has declined to absorb the services of the petitioners with 5 respondent No. 2 department, respondent No. 2 is directed to relieve the petitioners immediately from the present place of posting to their parental department. This exercise shall be completed by respondent No. 2 within a period of 20 days from today. Respondent No. 3 is directed to extend all benefits for which the petitioners are entitled which could not be extended on account of deputation. 6. With the aforesaid direction(s) / observation(s), these petitions are disposed of. Sd/- (Rakesh Mohan Pandey) Judge vatti