RAJENDRA KUMAR BANJARE vs STATE OF CHHATTISGARH

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CGHC010425432026 2026:CGHC:46685
NAFR
Digitally
signed by
JYOTI
SHARMA
Date:
2026.11.05
11:00:00
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
JYOTI
SHARMA
WPS No. 7767 of 2026
Rajendra Kumar Banjare S/o Late Gopilal Banjare Aged About 62 Years
Working As Superintending Engineer, Water Resources Circle, Bilaspur
C.G. R/o Ganga Nagar Sector -2 Mangla (Behind Shiv Mandir), Bilaspur
C.G. - 495001.
... Petitioner(s)
versus
1. State Of Chhattisgarh Through Secretary Water Resources
Department Mantralaya, Mahanadi Bhavan, Nava Raipur, Atal Nagar,
Dist. Raipur, C.G.
2. Secretary Water Resources Department Mantralaya, Mahanadi
Bhavan, Nava Raipur, Atal Nagar, District Raipur, C.G.
3. Deputy Secretary Water Resources Department Mantralaya,
Mahanadi Bhavan, Nava Raipur, Atal Nagar, District Raipur C.G.
4. Engine-In -Chief, Water Resources Department, Sihavnath Bhawan,
North Block Sector -19 Nava Raipur, Atal Nagar, Raipur, C.G.
5. Sushil Kumar Gupta, The Then Superintending Engineer, Water
Resource Circle, Raigah, Now Posted At Water Resource Circle,
Bilaspur C.G.
... Respondent(s)
(Cause title is taken from Case Information System)
For Petitioners : Mr. Bidya Nand Mishra, Advocate
For Respondent/
State
: Mr. Gary Mukhopadhyay, Addl. A.G.
For Respondent
No. 5
: Mr. Pranjal Agrawal, through V.C. along with
Mr. Nilesh C. Manix, Advocate
Hon'ble Shri Bibhu Datta Guru , Judge
Order on Board
04.11.2026

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1. The present writ petition has been filed challenging the order
dated 21.10.2026 passed by the Office of the Engineer-in-Chief,
Water Resources Department, Chhattisgarh, Raipur, whereby the
earlier order dated 16.03.2026 passed by the Chief Engineer,
Hasdeo Kachhar, WRD, Bilaspur, was cancelled and the
petitioner was directed to temporarily discharge the duties of
Superintending Engineer under the Office of the Chief Engineer,
Hasdeo Kachar, Water Resources Department, Bilaspur, until
further orders, in view of the posting of respondent No. 5 as
Superintending Engineer, Water Resources Circle, Bilaspur,
pursuant to the order dated 17.10.2026.
2. Learned counsel for the petitioner submits that, upon the
retirement of the then Superintending Engineer on 28.02.2026,
the petitioner, while working as Executive Engineer (R&R), was
given the additional charge of Superintending Engineer, Water
Resources Circle, Bilaspur, as a temporary arrangement and
thereafter passed the order dated 16.03.2026 in this regard. It is
further submitted that the petitioner was subsequently promoted
to the substantive post of Superintending Engineer vide order
dated 22.09.2026. Consequently, the earlier arrangement of
holding additional charge stood merged with his substantive
appointment and became redundant. Learned counsel, therefore,
contends that the impugned order dated 21.10.2026, whereby the
earlier arrangement dated 16.03.2026 was cancelled, is arbitrary
and unjustified and has been issued with the intention of

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transferring the petitioner during the last four months of his
service. It is further submitted that the petitioner had also
submitted a representation before the competent authority, which
has neither been considered nor decided. Learned counsel,
therefore, submits that the impugned action amounts to undue
harassment and is violative of Articles 14 and 16 of the
Constitution of India.
3. Per contra, learned Additional Advocate General appearing for
the respondents/State by placing a copy of the order dated
24.10.2026, which is taken on record, submits that, subsequent
to the impugned order dated 21.10.2026, a fresh order of posting
has been issued, whereby the petitioner has been posted in the
Office of the Chief Engineer, Hasdeo Basin, Water Resources
Department, Bilaspur. The said subsequent order of posting has
not been challenged by the petitioner in the present writ petition.
On this ground, learned State counsel submits that the writ
petition, in its present form, is not maintainable.
4. It is further submitted that, after the promotion of the petitioner to
the post of Superintending Engineer, no separate posting order
could initially be issued on account of the interim order passed by
this Court in W.P.(S) No. 5742/2025, whereby the
promotion/posting orders of the promoted Superintending
Engineers had been stayed. However, subsequently, vide order
dated 08.10.2026, the said interim order was modified and the

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State authorities were permitted to issue promotion orders while
keeping six posts vacant. Consequently, the promotion and
posting orders were issued, and the petitioner was also posted
vide order dated 24.10.2026.
5. I have heard learned counsel for the parties and perused the
material available on record.
6. From the submissions advanced on behalf of the parties, it is
evident that the petitioner was initially assigned the additional
charge of the post of Superintending Engineer pursuant to a
temporary administrative arrangement made consequent upon
the retirement of the incumbent Superintending Engineer. Such
an arrangement was essentially a stop-gap measure to ensure
the smooth functioning of the department until a regular
arrangement was made by the competent authority.
7. It is well settled that an employee who is entrusted with the
additional charge of a higher post does not acquire any
indefeasible or enforceable right to continue to hold such charge.
The assignment of additional charge neither confers any
substantive right to the post nor creates a right to insist upon
continuance at a particular place of posting. The competent
authority is always at liberty to withdraw or modify such an
arrangement in the exigencies of administration.
8. In the present case, the petitioner was subsequently promoted to
the substantive post of Superintending Engineer vide order dated

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22.09.2026. However, the mere fact that the petitioner had earlier
been holding the additional charge of Superintending Engineer at
Water Resources Circle, Bilaspur, would not confer upon him any
vested right to continue at the same place of posting after his
promotion also. The petitioner cannot claim continuance at a
particular station merely on the ground that he had been
discharging the duties of the said post under an earlier temporary
arrangement.
9. Further, the subsequent order dated 24.10.2026, whereby the
petitioner has been posted in the Office of the Chief Engineer,
Hasdeo Basin, Water Resources Department, Bilaspur, has not
been subjected to challenge in the present writ petition. The said
order constitutes a subsequent and independent order of posting.
In the absence of any challenge to the said order, the relief
sought by the petitioner against the earlier order dated
21.10.2026 would not serve any effective purpose, particularly
when the petitioner's present posting is governed by the
subsequent order dated 24.10.2026.
10. This Court also finds that the respondents have explained the
circumstances in which the posting order could not initially be
issued after the petitioner's promotion, particularly in view of the
interim order passed in W.P.(S) No. 5742/2025, which was
subsequently modified vide order dated 08.10.2026. Thereafter,
the competent authority proceeded to issue the consequential

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posting orders. Thus, the action of the respondents, viewed in the
light of the subsequent developments, cannot be said to be
arbitrary or actuated by any mala fide intention merely because
the petitioner is left with a short period of service before
retirement.
11. In view of the aforesaid discussion, this Court finds no ground to
interfere with the impugned order dated 21.10.2026. The
petitioner has also failed to establish any enforceable right to
continue at Water Resources Circle, Bilaspur, on the basis of the
earlier arrangement of additional charge. Moreover, the
subsequent posting order dated 24.10.2026 has not been
challenged in the present writ petition.
12. Accordingly, the writ petition, being devoid of merit, is
dismissed at the motion stage itself. However, liberty is revered
in favour of the petitioner to challenge the order dated
24.10.2026, if so advised.
Sd/-
(Bibhu Datta Guru)
JUDGE
Jyoti