DHIRAJ KUMAR ARYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since the common facts and law are involved in these three writ petitions, they have been heard analogously and are being decided by this common order. WPS No. 3050 of 2023 filed on 5/5/2023

(2.) The brief facts as reflected in WPS No. 3050 of 2023 are that the petitioner who is working as Assistant Grade-III and posted at Office of Block Education Officer, Korba vide order dtd. 17/2/2023 has challenged the attachment order dtd. 2/5/2023 and 4/5/2023 (Annexure P/1) by which the petitioner has been attached in the Office of Collector-cum-District Election Officer, Korba mainly contending that the Government has totally banned the attachment of Government servant vide order dtd. 4/6/2001 and in the garb of coming election for State Assembly, the impugned order attaching the petitioner vide order dtd. 2/5/2023 and 4/5/2023 has been issued. It has also been contended that respondent No. 4, Collector and Deputy Election Officer has no authority to issue attachment order and has prayed for quashing of order dtd. 2/5/2023 and 4/5/2023 (Annexure P/1).

(3.) The respondents/State have filed their return in WPS No. 3050 of 2023 mainly contending that the petitioner's services were taken by election duty for upcoming Assembly Election 2023. The Commission has power to deploy the State employees accordance to their convenience for conducting the election. To substantiate this submission, the State has relief upon Sec. 13 (A), 13(AA), 13(B), 13(C) and Sec. 13(CC) of Representation of Peoples Act, 1950 (for short 'the Act, 1950'). It has also been contended that any officer or employee employed in connection with the preparation, revision and correction of electoral rules, will be deemed to be on deputation with the Election Commission during which the period they are so employed. It has also been contended that the Chief Election Officer, Raipur has issued order dtd. 13/3/2023 to the Collector, District- Korba for preparation of electoral roll for commencing election of the year 2023-24 and as per direction of Chief Election Officer, Raipur, respondent No. 3 directed respondent No. 4 to prepare list of employees for working in the Korba District for attaching them in Election Work in Korba, accordingly, a numbers of employees mentioned in the list dtd. 29/3/2023, order dtd. 8/2/2023, 17/4/2023, 4/5/2023, 9/5/2023, 24/5/2023, 30/5/2023, 1/6/2023, 12/6/2023, 8/6/2023 (Annexure R/2) along with the petitioner was issued for discharging election duty. As such, in light of the orders, the petitioner was attached in the office of Election Officer, Korba where he joined services on 17/5/2023 thereafter without any leave application, he has not resumed duty. It has also been contended that after stay of suspension order dtd. 29/5/2023 passed in WPS No. 3526 of 2023, the District Election Officer sent a letter on 17/5/2023 to the petitioner to join duty, but he has not joined the place of posting. It has been contended that the petitioner is not entitled to get any relief and would pray for dismissal for the writ petition.