S.K. SHARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) FOLLOWING order of the Court was delivered by As an effect of coming into force the Madhya Pradesh Reorganisation Act, 2000 (the Act 2000), the two successor States i.e. State of Madhya Pradesh and Chhattisgarh were formed with effect from the appointed day i.e. 1st of November, 2000. At the relevant time, the appellant was working as an Assistant Engineer in Public Works Department (PWD). In tentative allocation list the appellant, who was posted in Umariya, M.P., was allocated to the State of Chhattisgarh. He joined as Assistant Engineer in the Office of Chief Engineer, Raipur Chhattisgarh on 21.12.2000. The appellant, thereafter, made an application before the concern authority for re - allocation/transfer on mutual basis with Mr. U.S. Khare (proposed intervener herein) for finally allocating/ transferring him to the State of Madhya Pradesh. According to the appellant, the said application for allocation/transfer on mutual basis was withdrawn. However, in a final allocation list issued on 9.9.2002, the appellant was shown to be allocated to the State of Madhya Pradesh.

(2.) THE appellant then filed W.P. No. 2216/2002 on 28.10.2002, wherein an interim protection was granted on 31.10.2002. This writ petition was disposed of on 28.4.2003 directing the authorities to take appropriate action on representation of the appellant.

(3.) ON 8.8.2005, the said application was allowed and the appellant was finally allocated to the State of Chhattisgarh and Mr. Pipri (respondent No.4) was also finally allocated to the State of Madhya Pradesh. Pursuant to the final allocation order dated 8.8.2005, the appellant joined in the State of Chhattisgarh on 10.8.2005. The appellant thereafter on 3.10.2005 was promoted to the post of Executive Engineer.