Madhya Pradesh High Court
Vishnu Prasad Ahirwar vs The State Of Madhya Pradesh on 17 February, 2024
Author: Anand Pathak
Bench: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
ON THE 17 th OF FEBRUARY, 2024
WRIT PETITION No. 3932 of 2024
BETWEEN:-
VISHNU PRASAD AHIRWAR S/O LATE SHRI K L
AHIRWAR, AGED ABOUT 61 YEARS, OCCUPATION:
EXECUTIVE ENGINEER SANJAY SAGAR PROJECT BAH
RIVER DIVISION GANJ BASODA B-15 SIDDARTH LAKE
CITY RAISEN ROAD ANAND NAGAR HUZUR BHOPAL
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI NITIN AGRAWAL - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH ITS
ADDITIONAL CHIEF SECRETARY DEPARTMENT
OF WATER RESOURCE VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)
2. ENGINEER IN CHIEF WATER RESOURCE
DEPARTMENT TULSI NAGAR, BHOPAL (MADHYA
PRADESH)
3. CHIEF ENGINEER WATER RESOURCE
DEPARTMENT CHAMBAL BETWA BASIN WRD
BHOPAL (MADHYA PRADESH)
4. SUPERINTENDENT ENGINEER WATER RESOURCE
DEPARTMENT BHOPAL (MADHYA PRADESH)
5. PRIYANKA BHANDARI, ASSISTANT ENGINEER
OFFICE OF CHIEF ENGINEER, DEPARTMENT OF
W R D CHAMBAL BETWA BASIN, WRD BHOPAL
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI N.S.TOMAR - GOVERNMENT ADVOCATE)
This petition coming on for admission this day, th e court passed the
Signature Not Verified
Signed by: VISHAL
UPADHYAY
Signing time: 17-02-2024
05:51:36 PM
2
following:
ORDER
1. The present petition is preferred under Article 226 of the Constitution taking exception to the order dated 9/10 of February, 2024 (wrongly mentioned as 9/10 of February, 2023) issued by Superintendent Engineer (Administration) on behalf of Engineer in Chief WRD,Bhopal.
2. Grievance of the petitioner as echoed in the petitioner is that petitioner is due to retire on 30.04.2024 and only two and half months left for superannuation. Earlier, he was posted as In-Charge Executive Engineer at Sanjay Sagar Project at Ganjbasoda, District Vidisha vide order dated 05.12.2022 he stayed their only for 14 months and meanwhile another order has been passed on 09.02.2024 whereby one Ms. Priyanka Bhandari, Assistant Engineer has been given the additional charge of Executive Engineer in same capacity at Sanjay Sagar Project at Ganjbasoda, District Vidisha.
3. It is the grievance of the petitioner that he has only two months to superannuate and meanwhile, he has to complete the winding up of all his establishments and has to prepare the pension papers etc. For last two months without any rhyme or reasons, his charge as Executive Engineer has been taken.
4. Learned counsel for the respondent/State opposed the prayer and prayed for dismissal of petition.
5. Heard the counsel for the parties and perused the documents appended thereto.
6. This is the case where petitioner was earlier given Additional Charge of Executive Engineer at Sanjay Sagar Project at Ganjbasoda, District Vidisha and now vide impugned order, another persons has been placed in place of petitioner. Since petitioner has only two months left for superannuation and Signature Not Verified Signed by: VISHAL UPADHYAY Signing time: 17-02-2024 05:51:36 PM 3 therefore, it is in the fitness of things that unless any urgent situation emerges to address such change of appointment case requires to be addressed in correct perspective.
7. In view of the above, present petition is disposed of with a direction to the petitioner to prefer a representation within seven days from today and if such representation is preferred within seven days then same shall be taken care of within 8 weeks from the date of receipt of representation before the authority concerned.
8. Till the representation is decided by a reasoned order, petitioner shall be permitted to work as In-Charge Executive Engineer at Sanjay Sagar Project at Ganjbasoda, District Vidisha.
9. Disposed of.
(ANAND PATHAK) JUDGE Ashish* Signature Not Verified Signed by: VISHAL UPADHYAY Signing time: 17-02-2024 05:51:36 PM