1 2025:CGHC:1643-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 903 of 2024 1 - Hari Ram Dhruw S/o Late Shri D.R. Dhruw Aged About 61 Years R/o Mig - 61 Near New Janta Market Padmnabhpur Durg District - Durg (C.G.) ... petitioner versus 1 - State Of Chhattisgarh Through The Secretary Public Works Department Mantralaya Mahanadi Bhawan Atal Nagar Nava Raipur District - Raipur (C.G.) (Respondent No. 1) 2 - The Under Secretary Public Works Department (Wrongly Typed As Department Of Forest) Mantralaya Mahanadi Bhawan Atal Nagar Nava Raipur District - Raipur (C.G.) (Respondent No. 2) 3 - B.K. Patoria Project Manager, Public Works Department A.D.B. Circle Durg District - Durg (C.G.) (Respondent No. 3) ... Respondent(s) For petitioner : Mr. Ghanshyam Patel, Advocate For Respondent(s) : Mr. Sangharsh Pandey, G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Hon’ble Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 10.01.2025 1. Heard Mr. Ghanshyam Patel, learned counsel for the petitioner as well 2 as Mr. Sangharsh Pandey, learned Govt. Advocate for the Respondents in the present writ appeal. 2. This appeal has been filed by the petitioner against the order dated 05/12/2024 passed by learned Single Bench of this Hon’ble Court in WPS No. 7961 of 2024 whereby the learned Single Judge has disposed the petitioner, giving liberty to the petitioner to make a fresh representation before the respondent authorities. 3. The brief facts of the case relevant for disposal of the writ petition is that the petitioner herein was appointed as under the respondent department on 07/06/1993 as a Scheduled Tribe category candidate on the post of Assistant Engineer (Civil). He was promoted to the post of Executive Engineer in the year 2007 and subsequently, he again promoted to the post of Superintending Engineer on 29/10/2020 and was posted as Superintending Engineer, National Highways Circle, Raipur. Thereafter he has been transferred vide order dated 01/06/2022 to the post of Superintending Engineer, PWD Circle, Durg. The petitioner is attaining the age of superannuation 62 years on 31/05/2025 and without considering the aforesaid fact, the petitioner has again transferred vide order dated 30/11/2024 from the post of Superintending Engineer, PWD Circle, Durg to the post of Superintending Engineer Office of the Engineer-in-Chief, PWD, Nawa Raipur and against the transfer order dated 30/11/2024, the petitioner has filed WP(S) No. 7961/2024 before the learned Single Bench of this Court which was disposed of by Hon’ble Single Bench of this Court on 05/12/2024. 4. Learned counsel for the petitioner would submit that the learned Single 3 Bench has not considered the fact that the petitioner is going to be superannuated on 31/05/2025 and has disposed of the writ petition. The transfer order dated 30/11/2024 is contrary and in violation of the transfer policy itself. Therefore, the petitioner has filed this writ appeal and prayed for setting aside the order dated 05/12/2024 passed by the learned Single Bench of this Court. 5. Learned counsel for the Respondent/ State on instruction would submit that the petitioner has not joined till date in place of his transfer and further submits that the learned Single Bench of this Court after giving liberty to the petitioner to make a fresh representation before the respondent authorities and also directed the respondent authorities to decide the same within a period of 15 days, disposed of the writ petition filed by the petitioner which is just and proper and therefore, the present writ appeal is liable to be rejected. 6. We have heard learned counsel for the parties and gone through the order dated 05/12/2024 passed by learned Single Judge of this Court in the WPS No. 7961 of 2024. 7. Considering the submissions made by the parties and in the aforesaid facts and circumstances of the case and the finding recorded by the learned Single Judge, after giving the liberty to the petitioner to make a fresh representation before the respondent authorities raising all his grievances and directed the respondent authorities shall consider and decide the same on its own merits within a period of 15 days the writ petition is disposed of and after perusing the aforesaid fact, we are of the considered opinion that the learned Single Judge has not committed any illegality, irregularity or jurisdictional error in the 4 impugned order warranting interference by this Court. 8. Accordingly, the writ appeal being devoid of merit is liable to be and is hereby dismissed. No cost(s).. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Sagrika