Chattisgarh High Court
Pandeshwar Sai vs State Of Chhattisgarh on 8 April, 2021
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Judgment Reserved on 6.4.2021
Judgment delivered on 8/4/2021
WA No. 21 of 2021
(Arising out of the order dated 17.12.2020 passed by learned
Single Judge in WPS No.5333/2020)
• Pandeshwar Sai S/o Shri Jadura Sai, aged about 60 years
Presently Working as Chief Engineer, Public Works
Department, Bastar Zone, Jagdalpur, District Bastar (CG)
---- Appellant/Petitioner
Versus
1. State of Chhattisgarh, through the Secretary, Public Works
Department, Mahanadi Bhawan, Nawa Raipur, District Raipur.
2. The Under Secretary, Public Works Department, Mahanadi
Bhawan, Nawa Raipur, District Raipur (CG)
3. G.R. Ravate, working as Superintending Engineer, Public
Works Department, Kanker Circle, District Kanker (CG)
---- Respondents
For Appellant : Mr. B.D. Guru, Advocate
For Respondent No.1 & 2 : Mr. Ashish TIwari, Govt. Advocate
For Respondent No.3 : Mr. K. Rohan, Advocate
Hon'ble Shri PR Ramachandra Menon, CJ
Hon'ble Shri Parth Prateem Sahu, J
CAV Order
Per Parth Prateem Sahu, J
1. Challenge in this appeal is to the order dated 17.12.2020
passed by the learned Single Judge dismissing writ petition
filed by petitioner/appellant against his transfer from Bastar,
Jagdalpur to the office of Engineer-in-Chief, Public Works
Department, Raipur.
2. Facts
projected in the writ petition are that vide order dated
29.5.2020 the petitioner was promoted to the post of Chief
Engineer and posted at PWD, Bastar Circle, Jagdalpur. Vide
order dated 15.9.2020 the petitioner has been transferred from
Jagdalpur to Raipur and posted as General Manager,
Chhattisgarh Road Development Corporation, Raipur. Said
order of transfer was put to challenge by petitioner in WPS
No.3801/2020. Upon hearing the parties, the learned Single
Judge passed an interim order of stay in favour of petitioner/
appellant herein. During pendency of writ petition, vide order
dated 28.11.2020 the petitioner was again transferred and
posted as Chief Engineer (Research, Design & Development)
in the office of the Engineer-in-Chief, PWD, Raipur by
amending earlier order of transfer dated 15.9.2020. This order
dated 28.11.2020 was also put to challenge in WPS
No.5333/2020 which came to be dismissed vide order
impugned.
3. Respondent Nos.1 & 2 submitted their response to pleadings
made in writ appeal mentioning that it is not the case that
appellant was posted in Jagdalpur on 29.5.2020 only, in fact
appellant was posted in Jagdalpur on 2.7.2019 as In-charge
Chief Engineer. Post of General Manager, CG Road
Development Corporation, which is one of the important posts
to deal with the matters involving high stakes, is lying vacant
on which a Chief Engineer of Public Works Department is to
be posted. Appellant has completed more than one year of
service at his present place of posting. Transfer is made under
administrative exigency and public interest. Appellant being a
government servant cannot claim as a matter of right to be
posted at the place of his choice. It is the prerogative of the
employer to post its employees/officers depending upon
exigency of service. Contention of appellant that petitioner
was transferred on account of ill-will or malice is not correct.
Appellant has not made any specific allegation against any
person. Allegations levelled by appellant are baseless.
4. Respondent No.3 submitted reply pleading therein that in
pursuance of the order dated 28.11.2020 respondent No.3 has
assumed the charge on 2.12.2020. Appellant is desirous to be
posted in the office of Chief Engineer, Jagdalpur even after
completion of substantial length of service. After passing of
the order of transfer, the appellant has filed an application for
grant of medical leave of 21 days on the ground that he has
been tested positive for Covid-19 and is under home isolation
after 3.12.2020. However, he has preferred writ petition on
6.12.2020 i.e. within three days from the date he tested Covid-
19 positive. Respondent No.3 is senior most Superintending
Engineer and holding said post since 26.8.2009. Next
promotional post is Chief Engineer. He is having much
experience to discharge the duties of In-charge Chief
Engineer.
5. Mr. B.D. Guru, learned counsel for petitioner/appellant submits
that action on the part of the respondent authorities in issuing
order of Annexure P-1 dated 28.11.2020 is arbitrary. Order
Annexure P-1 was passed during the pendency of WPS
No.3801/2020 in which there was an interim order in favour of
appellant. He submits that the order Annexure P-1 is passed
only to accommodate respondent No.3, who is holding
substantive post of Superintending Engineer. Respondent
No.3 has been posted as In-charge Chief Engineer after
removing petitioner/appellant who is senior to respondent
No.3 and holding substantive post of Chief Engineer. There
was no administrative exigency in transferring appellant from
the office of Chief Engineer, Jagdalpur to the office of
Engineer-in-Chief, Raipur within a short span of time as
appellant was posted in Bastar on 29.5.2020 only.
Departmental enquiry against respondent No.3 is pending at
Jagdalpur. He submits that appellant has been transferred at
the fag end of his service as the appellant is going to attain
age of superannuation in the month of May, 2022.
6. After hearing learned counsel for the parties, on 18.3.2021 this
Court directed the learned State Counsel to produce
records/note sheets considering the transfer of appellant and
also with regard to status of vacancies of Chief Engineer on
the date of issuance of order dated 15.9.202 in the office of
Engineer-in-Chief, Raipur. Date of posting of appellant as In-
charge Chief Engineer, PWD, Bastar Circle, Jagdalpur is not
disputed by appellant, hence it cannot be said that appellant
has been posted at the aforementioned place only on
29.5.2020. Transfer order dated 15.9.2020 transferring
appellant as General Manager, CG Road Development
Corporation was interdicted on legal ground that an employee/
officer cannot be posted by way of transfer in other
department without his consent because the posting by way of
transfer in another department amounts to deputation.
Learned Single Judge has rightly passed interim order on
24.9.2020 which is only with respect to staying effect and
operation of the order dated 15.9.2020 till next date of hearing.
Respondent authorities have reconsidered and issued
amended order Annexure P-1 transferring appellant to the
office of Engineer-in-Chief, Raipur as Chief Engineer (RDD)
within department.
7. Learned State Counsel has made submission that on the date
of transfer of appellant as General Manager, CG Road
Development Corporation, Raipur, out of four sanctioned posts
of Chief Engineer in the office of the Engineer-in-Chief, Raipur,
two posts were lying vacant. It is pointed out that post of
General Manager in the CG Road Development Corporation
was lying vacant and the Corporation is also having equivalent
budget, scope of work, to deal with matters involving high
stakes and the officer to be posted as General Manager to be
rank of Chief Engineer. Respondent No.1 in administrative
exigency has posted appellant as General Manager. As the
said order was challenged on legal grounds that no consent of
appellant was obtained before passing it, the same was
amended. On the date of issuance of second transfer order
Annexure P-1, again the respondent authorities have re-
considered and on that date only one post of Chief Engineer
has been occupied by the person holding substantive post of
Chief Engineer and three persons were working as In-charge.
He submits that as four posts of Chief Engineers are available
in the office of Engineer-in-Chief, Raipur where important
works under different branches like planning, tender,
administration, research, designs and development, are to be
dealt with, therefore, posting of senior officer is required.
Appellant being senior most has been posted as Chief
Engineer, Research, Design & Development (RDD) under
administrative exigency.
8. To appreciate submissions made by learned State Counsel,
we have perused the records placed before us. Upon going
through the records, we are convinced with the submissions
made by learned counsel for respondent State that order of
transfer has been passed considering the administrative
exigency only and not with any malafide. Appellant is holding
higher post of Chief Engineer which is a transferable post.
Appellant has served more than a year in the office at
Jagdalpur and after his promotion on the substantive post of
Chief Engineer, appellant has become eligible to hold more
responsible post which is to be considered by the employer for
better utilization of his services. The learned Single Judge has
dealt with the grounds raised by appellant with regard to
issuance of transfer order of appellant to be contrary to the
transfer policy of the State Government and held that policies
are mere guidelines and not the statutory provisions. Learned
Single Judge relying upon rulings of Hon'ble Supreme Court in
Chief Commercial Manager, South Central Railway,
Secundarabad & ors vs. G. Ratnam & ors reported in (2007)
8 SCC 212; Airport Authority of India vs. Rajeev Ratan
Pandey & ors reported in (2009) 8 SCC 337; High Court of
Judicature of Madras vs. R. Perachi reported in (2011) 12
SCC 137, dismissed writ petition.
9. Considering the entire facts and circumstances of the case
projected by both sides, we do not find any infirmity in the
order passed by the learned Single Judge calling interference
of this Court. Appeal being devoid of any merit is liable to be
and is hereby dismissed.
10. Original record along with two envelopes are returned to
learned State Counsel.
Sd/- Sd/-
(P.R. Ramachandra Menon) (Parth Prateem Sahu)
Chief Justice Judge
roshan/-
