Shri Dhanurjai Patel v. Director (Agriculture)

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 195 of 2019 • Shri Dhanurjai Patel, S/o Paluram Patel, Aged About 26 Years Working As Field Officer of The District Resham Office Janjgir Champa, District : JanjgirChampa, Chhattisgarh ---- Petitioner

Versus

1. Director (Agriculture), Indra Gandhi Agriculture University Campus Office Of Directorate Raipur, District : Raipur, Chhattisgarh

2. Deputy Director (Agriculture) Baloda Bazar , District : BalodabazarBhathapara, Chhattisgarh

3. S. D. O. (Agruculture), Baloda Bazar, District : Balodabazar-Bhathapara, Chhattisgarh ---- Respondents For Petitioner :

Mr. M.L. Kaushik, Advocate For Respondents/ State :

Mrs. Deepti Shukla, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 15/11/2019

1. The grievance of the petitioner is that the petitioner was appointed as a Rural Agriculture Extension Officer on probation of two years, as per order dated 19.01.2018(Annexure-P1). In the meanwhile, after taking permission from the concerned department, the petitioner has appeared for the examination of Gram Udyog Vobhag(Resham Department) and after having passed the examination, the petitioner was appointed as Field Officer in Kosa Beej Kendra, Pota District - Janjgir- Champa. Initially, he tendered his resignation with one month salary and notice. However, the resignation was not accepted on the basis of appointment clause in which, it is contended that three months notice and in lieu of three months salary be deposited.

2. The petitioner subsequently deposited two months salary, thereafter, entire three months salary was deposited and resignation was accepted. It is further contended that the petitioner had resigned from the service on 09.10.2018 and worked till that date. However, the salary for 9 days has not been paid. At present it is not disputed that the resignation of the petitioner was accepted on 09.10.2018 as per the order Annexure-R-1.

3. Therefore, the petitioner had worked from 01.10.2018 to 08.10.2018, before the resignation was accepted, certainly he is entitled for the salary for those days. The respondents are directed to verify the fact, whether the petitioner had worked from 01.10.2018 to 08.10.2018, as the resignation was accepted on 09.10.2018 and it is found that the petitioner had worked from 01.10.2018 to 08.10.2018.

4. After due verification, the payable dues of the petitioner may be released forthwith. The said exercise may be carried out within a period of 60 days from the receipt of this order.

5. The writ petition accordingly stands disposed of. Sd/- (Goutam Bhaduri) Judge Yasmin