1 2025:CGHC:13980 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1956 of 2025 1 - Ashok Kumar Yadav S/o Late Shrikrishna Yadav Aged About 41 Years R/o Block No. -22, Ward No. 16, North Vasundhara Nagar, Bhilai-3, Distt.- Durg (C.G.) ... Petitioner(s) versus 1 - State of Chhattisgarh Through - The Secretary, Department of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Raipur (C.G.) 2 - Engineer-In-Chief Rural Engineering Service, Vikas Bhawan, Civil Lines, Raipur (C.G.) 3 - Superintendent Engineer Rural Engineering Service, Bilaspur Division, Bilaspur (C.G.) 4 - Executive Engineer Rural Engineering Service, Division- Mungeli, Distt.- Mungeli (C.G.) 5 - Jitendra Dewangan Executive Engineer, Rural Engineering Service, Division- Mungeli, Distt.- Mungeli (C.G.) 6 - Chief Executive Officer Zila Panchayat- Bemetara, Distt.- Bemetara (C.G.) 7 - Chief Executive Officer Janpad Panchayat Bemetara, Distt.- Bemetara (C.G.) 8 - Chief Executive Officer Janpad Panchayat - Berla, Distt.- AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.03.24 17:35:47 +0530 2 Bemetara (C.G.) 9 - The Sub-Divisional Officer Res, Sub-Division Mungeli, Distt.- Mungeli (C.G.) ... Respondent(s) For Petitioner(s) : Mr. N. Naha Roy, Advocate. For Respondents/State : Mr. Rishabh Bisen, Panel Lawyer. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 24/03/2025 1. By the present writ petition, the petitioner is questioning the order dated 10/03/2025, by which, the representation of the petitioner has been decided. 2. Learned counsel for the petitioner would submit that the petitioner was initially appointed as Sub-Engineer(Civil) vide order dated 20/09/2013 and was posted at the office of Chief Executive Officer, Zila Panchayat, Bemetara, District Bemetara, thereafter, the petitioner was sent to serve the Office of C.E.O. Janpad Panchayat, Berla, District: Bemetara. While he was posted at Bemetara, vide order dated 12/03/2024, he has been transferred from the Office of Zila Panchayat Bemetara to Janpad Panchayat Kuankonda, District: Dantewada. However, the petitioner was not relieved from the Office of respondent No.6./C.E.O., Zila Panchayat, Bemetara and again during his continuance at Bemetara, the petitioner again vide order dated 24/10/2024 transferred from 3 the Office of Janpad Panchayat, Kuankonda, District: Dantewada to the Office of Rural Engineering Services (RES), Sub-Division Mungeli, District Mungeli. Pursuant to the said order, the petitioner joined the Office of Rural Engineering Services (RES), Sub-Division Mungeli, District Mungeli on 28/10/2024, which was accepted by the concerned authority. However, on 11/12/2024 the Executive Engineer (RES), Mungeli directed the petitioner to produce the relieving order from the Officer of Janpad Panchayat, Kuankonda, District Dantewada, last pay certificate, service book and pass book within a period of seven days. The petitioner referred the communication memo dated 13/11/2024 issued by the Office of Janpad Panchayat Berla, by which, the Executive Engineer (RES), Mungeli has been intimated that the aforesaid documents have been sent to Janpad Panchayat, Kuankonda after relieving the petitioner from Berla on 14/6/2024. Thereafter, the petitioner was asked to submit the documents by memo dated 31/12/2024. The petitioner preferred a writ Petition i.e. WPS No.1085/2025 questioning the order dated 31/12/2024, by which, the petitioner was asked to produce the relieving order from his earlier place of posting, the said writ petition was disposed of with a direction to the respondents to consider the representation and grievance of the petitioner in a pragmatic manner and to pass appropriate order in order to give him joining at the Officer of Rural Engineering Services 4 (RES), Sub-Division Mungeli, District: Mungeli. Thereafter, the petitioner submitted a representation, however, the impugned order Annexure – P/1 has been passed by reiterating the said fact that as the petitioner did not furnish the relieving order from the Janpad Panchayat Kuankonda, Dantewada, joining of the petitioner denied by the Executive Engineer. The authorities stated that the petitioner also failed to produce the Last Pay Certificate as well as the relieving order from the Janpad Panchayat Kuankonda, Datewada. Hence, the petitioner preferred the present writ petition. 3. Learned counsel for the State/respondents would submit that the Executive Engineer has passed the order rejecting the joining of the petitioner dated 10/03/2025 in a just & proper manner as the petitioner himself did not join the transferred place. He submits that the petitioner is not having the relieving order from where he has been transferred to the Office of Rural Engineering Service, Mungeli and as the petitioner failed to produce the relieving order as well as last pay certificate from the Janpad Panchayat Kuankonda, District: Dantewada, the order rejecting the joining of the petitioner is just & proper. 4. I have heard learned counsel for the parties and perused the pleadings and documents. 5. It is no doubt that the petitioner though transferred from Zila Panchayat, Bemetara to Janpad Panchayat, Kuankonda, 5 District Dantewada, the petitioner did not join the Janpad Panchayat Kuankonda and continuing his service in Bemetara, Zila Panchayat and posted at Janpad Panchayat, Berla. Even the petitioner has been relieved from the Janpad Panchayat Berla on 14/06/2024. The Janpad Panchayat Berla issued a communication to the Executive Engineer (RES), Mungeli on 13/11/2024 by sending service book and pass book, however, ignoring the said documents, the Executive Engineer has rejected the representation of the petitioner and again directed the petitioner to join in the place of transferred place along with the requisite documents. 6. It is not in dispute that the petitioner never joined the Janpad Panchayat, Kuankonda and presently he cannot produce the order of relieving Kuankonda whereas the fact that is to be considered whether the petitioner’s continuation at Janpad Panchayat Berla under the Zila Panchayat, Bemetara is to be taken into consideration for his joining in the present place of posting, hence, it is directed that the Secretary, Department of Panchayat and Rural Development shall resolve the dispute of the issue on a representation made by the petitioner to the Secretary within a period of five days and the Secretary is directed to consider the grievance of the petitioner regarding his joining at S.D.O. Mungeli. It is observed that the petitioner shall not be forced to produce any relieving order and last pay certificate(LPC) from Janpad Panchayat Kuankonda, 6 Dantewada, the writ petition is disposed of with a direction to the Secretary, Department of Panchayat and Rural Development to consider the case of the petitioner and pass a necessary order for joining of the petitioner within a period of fifteen days from today. As far as non-joining by the petitioner in the transferred place i.e. Janpad Panchayat Kuankonda, District: Dantewada is concerned, the respondents/State is at liberty to take disciplinary action against the petitioner in accordance with law. 7. With the aforesaid observation and direction, the writ petition is disposed of. SD/- (Bibhu Datta Guru) Judge Amardeep