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2022 Supreme(Chh) 30

SANJAY K.AGRAWAL
Dileep Kumar Uranw S/o Late Sukhi Ram Uranw – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Vikas Dubey.
For the Respondents: Hariom Rai, H.B. Agrawal, Swati Agrawal.

JUDGMENT :

SANJAY K. AGRAWAL, J.

1. The petitioner herein takes exception to the impugned order dated 24.11.2021 (Annexure P1) passed by the State Government/respondent No. 1 by which his services have been transferred from Municipal Corporation, Raigarh to Nagar Panchayat, Chandrapur.

2. The petitioner herein is working as Sub-Engineer in Municipal Corporation, Raigarh and his parent Corporation is also Municipal Corporation, Raigarh. It is the case of the petitioner that his parent Corporation being Municipal Corporation, Raigarh, he cannot be transferred to Nagar Panchayat constituted under the Chhattisgarh Municipalities Act, 1961 (hereinafter called as ‘the Act of 1961’) and at the best, he can be transferred to any other Municipal Corporation on deputation under Section 58(5) of the Municipal Corporation Act, 1956 (hereinafter called as ‘Act of 1956’) and that too subject to the provisions contained in Section 58(6) of the Act of 1956 by which he would have lien on the post held in Parent Municipal Corporation and he will also be entitled for deputation allowance at such rate as the State Government may by general order specify and he will be governed by such other terms and con

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