1 2025:CGHC:11912 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1391 of 2025 1 - G. D. Ramteke S/o Late Shri A R Ramteke Aged About 60 Years R/o Pradepti Nagar, Borsi, District Durg, 491001, (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary, Water Resorce Department, Mahanadi Bhawan, Naya Raipur, Atal Nagar District Raipur, (C.G.) 2 – Engineer-in-Chief, Water Resources Department, Sector-19, Shivnath Bhawan, Atal Nagar, Raipur, District Raipur, (C.G.) 3 - Chief Engineer, Water Resources Department, Sector-19, Shivnath Bhawan, Atal Nagar, Raipur, District Raipur, (C.G.) 4 - Arun Kumar Sai, Hasdeo Kachhar, Water Resource Department, Bilaspur, District - Bilaspur, (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioner : Ms. Ayushi Agrawal, Advocate For State/Respondents No.1 to 3 : Shri Ajit Singh, Government Advocate For Respondent No.4 : Shri Roop Ram Naik, Advocate Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 10/03/2025 1. By the instant petition, the petitioner seeks the following reliefs: “10.1 This Hon'ble Court may kindly direct the Respondent Department to hand over the complete charge of Superintending Engineer, Water Resources Board, Bilaspur, to the Petitioner, in compliance of the Order Digitally signed by GOPAL SINGH Date: 2025.04.17 20:51:16 +0530 2 No. 1-10/31/Estb./2024, dated 01.01.2025 of the Water Resource Department. 10.2 To grant any other relief, which this Hon'ble Court deems fit in the facts and circumstances of the case along with costs of the petition.” 2. The petitioner has filed the instant petition against the action of the respondent department in failing to hand over him the complete charge in compliance with the transfer order dated 1.1.2025 and relieving order dated 2.1.2025. Vide order dated 1.1.2025 of the Water Resources Department, the petitioner was transferred and posted from the post of Executive Engineer, Office of Chief Engineer, Nava Raipur to the post of Incharge Superintending Engineer, Water Resources Circle, Bilaspur. Vide the same order dated 1.1.2025, private respondent No. 4 Arun Kumar Sai was transferred and posted from the post of Superintending Engineer, Water Resources Circle, Bilaspur to the post of Incharge Chief Engineer, Hasdeo Kachhar, Water Resources Department, Bilaspur. On 2.1.2025 the petitioner was relieved from his earlier place of posting and in compliance with the same he gave his joining and took charge as Superintending Engineer at Water Resource Circle, Bilaspur. However, the petitioner has not been handed over complete charge at his new place of posting, due to which he is unable to properly discharge his duties. Hence, the instant petition. 3. Learned counsel appearing for the petitioner submits that in pursuance of the transfer order dated 1.1.2025 the petitioner was relieved and discharged from his last place of posting at Office of Chief Engineer at Nava Raipur and was made to join at his new place of posting. The petitioner has acted with due diligence and in proper compliance with the transfer order dated 1.1.2025 he gave his joining and assumed charge at the transferred place as Superintending 3 Engineer, Water Resources Circle, Bilaspur, in the afternoon of 2.1.2025. The petitioner is made to suffer at the cost of respondent department as upon joining and shifting at the new place of posting from Raipur to Bilaspur, he was apprised that respondent No.4 was still discharging duty at his old place while he was already transferred to a new place of posting. The petitioner has already been relieved from his old place of posting and if he is not allowed to join and take complete charge at the new place of posting, this will severely affect his salary and further allowances. It is a settled principle that the State is duty-bound to implement its own orders in a fair and timely manner, failing which, it affects governance and efficiency. The deliberate or negligent non- implementation of the transfer order is not only causing unnecessary inconvenience to the petitioner, but is also impeding the smooth functioning of official work. 4. Learned counsel appearing for the State submits that vide the order dated 1.1.2025 issued by respondent No.1, respondent No.4, who was posted as Superintending Engineer, Water Resources Circle, Bilaspur has been transferred and posted as Incharge Chief Engineer, Hasdeo Kachar, WRD, Bilaspur and similarly one J.R. Bhagat, Chief Engineer, Hasdeo Kachar, WRD, Bilaspur has been transferred and posted on deputation to the post of Chief Engineer, Office of the Managing Director, Chhattisgarh Infrastructure Development Corporation, Raipur. Being aggrieved by the order of transfer dated 1.1.2025 issued by the respondent No.1 said J.R. Bhagat had preferred a writ petition before this Court which was registered as WPS No.7/2025 (Jageshwar Ram Bhagat v. State of Chhattisgarh and others) and the said writ petition came up for hearing before this Court on 3.1.2025 and after hearing the Court stayed the effect and operation of the order dated 1.1.2025 in respect of Jageshwar Ram Bhagat till the next date of hearing. Prior to passing of the 4 order dated 3.1.2025 by this Court the petitioner had joined the post of Incharge Superintending Engineer, WRD Circle, Bilaspur on 2.1.2025, which respondent No.4 Arun Kumar Sai is holding and simultaneously respondent No.4 had joined the post of Incharge Chief Engineer, Hasdeo Kachhar, WRD, Bilaspur and after passing of the order dated 3.1.2025 by this Court in the matter of Jageshwar Ram Bhagat, he is continuing on the post of Chief Engineer, Hasdeo Kachhar, WRD, Bilaspur and respondent No.4 is still holding the post of Superintending Engineer, WRD Circle, Bilaspur, whereas the petitioner who is substantially holding the post of Executive Engineer in furtherance to the transfer order has given joining on the post of Superintending Engineer, WRD, Bilaspur and at present respondent No.4 is holding the charge of the post of Superintending Engineer, WRD Circle, Bilaspur and the present petitioner is also working as Executive Engineer and accordingly the salary of the petitioner will be released forthwith accordingly. Respondent No.4 will be superannuated on attaining the age of superannuation within a short span of time, i.e., 2 months on 30.4.2025 and, therefore, the charge of respondent No.4 has not been given to the petitioner and further respondent No.4 is senior to the petitioner and is holding the substantive post of Superintending Engineer, WRD, whereas the petitioner is holding the substantive post of Executive Engineer and vide the order impugned he was given the charge of the post of Superintending Engineer, WRD, Bilaspur Circle, Bilaspur. Learned counsel further submits that the instant petition as framed and filed by the petitioner is not tenable and thus the same deserves to be dismissed as the action of the State is in accordance with law and no illegality or arbitrariness has been done on the part of the respondents. 5. I have heard the rival contentions put-forth on behalf of the parties and perused the material available with due care. 5 6. The issue pertains to handing over of complete charge to the petitioner at his new place of posting. 7. Since the petition filed by Jageshwar Ram Bhagat has been dismissed by this Court vide order dated 10.3.2025 passed in WPS No.7 of 2025, as such now there is no hindrance in giving charge to the present petitioner for joining at his new place of posting at Bilaspur. 8. Accordingly, the relief sought by the petitioner is granted and the instant writ petition is allowed. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh