1 / 5 2025:CGHC:21076-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 271 of 2025 Jageshwar Ram Bhagat S/o Late Sukhnath Ram Bhagat Aged About 61 Years R/o Hasdeo Basin, Water Resources Department Bilaspur (Chhattisgarh) ... Appellant versus 1 - State of Chhattisgarh Through Secretary, Water Resources Department Mantralaya, Mahanadi Bhavan, Atal Nagar, Naya Raipur, District Raipur (Chhattisgarh) 2 - Engineer In Chief, Water Resources Department, Shivnath Bhavan, Naya Raipur, District Raipur (Chhattisgarh) 3 - Arun Kumar Sai, Superintending Engineer, Water Resources Division Bilaspur (Chhattisgarh) 4 - Managing Director, Chhattisgarh Infrastructure Development Corporation, Raipur (Chhattisgarh) ... Respondents For Appellant : Mr. Manoj Paranjpe and Mr. Vivek Verma, Advocates For State/Respondents No.1 & 2 : Mr. Shashank Thakur, Addl. Advocate General For Respondent No.3 : Mr. Roop Naik, Advocate For Respondent No.4 : Mr. Anoop Majumdar, Advocate For Intervener : Mr. Anand Dadariya, Advocate Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Arvind Kumar Verma, Judge ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.05.12 15:42:33 +0530 2 / 5 Judgment on Board Per, Arvind Kumar Verma, J. 07/05/2025 1. The present writ appeal has been preferred against an order dated 10.03.2025 passed by the learned Single Judge, whereby writ petition (WPS No.07/2025) filed by the petitioner/appellant herein was dismissed. 2. Relevant facts for disposal of this writ appeal are that the appellant was initially appointed as Assistant Engineer as on 30.06.1987 in the office of the Water Resources Division, Janjgir and posted at Janjgir. The appellant was promoted from the post of Assistant Engineer to Executive Engineer in the year 2005 in Bastar Area Jagdalpur and about 14 years service in the Bastar area as an Executive Engineer. The appellant was again promoted from the post of Executive Engineer to Superintending Engineer in the year 2017 and posted at Bilaspur as a Project Administrator in the office of the Chairman /Commissioner, Command area Development authority, which is under the Commissioner Department of Revenue. The appellant was promoted from post of Superintending Engineer (Civil) to Chief Engineer in the office of the Chief Engineer Hasdeo Basin, Water Resources Division, Bilaspur. The appellant took the charge from the post of Chief Engineer on 31.01.2024 and given intimation to the secretary of the concern department regarding in respect of taken as a charge. 3 / 5 3. It is the case of the appellant that the appellant is a regular Chief Engineer was transferred by way of deputation from Water Resource Deprtment, Hasdeo Basin, Bilaspur to Chhattisgarh Infrastructure development Corporation Limited, Raipur as a Chief Engineer without consent of the parent department as well as borrowing department and there is no sanctioned post of Chief Engineer in CIDCL, which is against the circular dated 16.05.2012, 07.02.2013, 14.07.2013 and 14.07.2024 issued by the State Government of Chhattisgarh Department of General Administration wherein it has been specifically mentioned that the Junior shall not be given the charge instead of Senior Officer and despite that the appellant has been transferred by way of deputation from Water Resource Department, Hasdeo Basin, Bilaspur to Chhattisgarh Infrastructure Development Corporation Limited, Raipur as a Chief Engineer without consent of the parent department as well as borrowing department and there is no sanctioned post of Chief Engineer in CIDCL and Respondent no.3 is Superintending Engineer (Civil) and as per the seniority list dated 01.02.2024 the name of the respondent no.3 is serial no.1 in list of Superintending Engineer the list was published by the Water Resources Division on 24.07.2024, has been posted as In- charge Chief Engineer in place of the appellant. 4. It is the further case of the appellant that in the deputation order, the period for the deputation is not mentioned in the impugned deputation order. It is a mandatory to mention the period of 4 / 5 deputation and also the respondent has not been mentioned in impugned order in respect of the deputation allowance and other allowance which appellant is entitled 5. Being aggrieved by the said action, the appellant/petitioner preferred a writ petition against impugned order dated 01.01.2025 which is registered as a WP(S) No. 07/2025, before this Court and the learned single judge dismissed the writ petition by order dated 10/03/2025. Hence this Writ Appeal. 6. On the last date of hearing i.e. on 05/05/2025 this Court has observed that “When the matter is sub judice before this Court, it was not expected by the authorities concerned to pass the order dated 30.04.2025 as it amounts to interference with administration of justice. In view of the above, this Court grants one more opportunity to the State counsel in order to enable the authorities concerned to take appropriate fresh decision and to inform this Court.” 7. Today learned State counsel has produced the copy of the order dated 06/05/2025 issued by the Deputy Secretary, Government of Chhattisgarh, Water Resources Department, Nava Raipur, Atal Nagar, wherein it has been stated that “in compliance of the order passed by this Court by an administrative order of the Engineer- in-Chief, Water Resources Department bearing No.3327003/C.G./2022/4041, dated 06/05/2025, the order regarding additional charge of in charge Chief Engineer, Hasdeo 5 / 5 Kachchar, Bilarpur given to Shri R.R. Sarthi, Superintending Engineer, stands rejected and it has been further ordered that the transfer order of Shri J.R. Bhagat, Chief Engineer is also rejected and he has been posted as Chief Engineer, Hasdeo Kachchar, Water Resources Department, Bilaspur. Copy of the order dated 06/05/2025 issued by the Government of Chhattisgarh, Water Resources Department, dated 06/05/2025 is taken on record. 8. In view of the order passed by the State Government, nothing survives for adjudication in the instant writ appeal. It is accordingly disposed of in light of the aforesaid order. SD/- SD/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice ashu