High Court Of ChhattisgarhWPS/744/2018disposed off

Smt. Malti Dewangon v. State Of Chhattisgarh

2018-01-22Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 744 of 2018 Smt. Malti Dewangon W/o Shri Khushiram Dewangan, Aged About 45 Years Presently Working As Asst. Teacher (Panchayat), Government Primary School Pandripani (East) District Raigarh, Civil And Revenue District Raigarh (Chhattisgarh), District : Raigarh, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Mantralay, Naya Raipur, P.O. And P.S. Naya Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

2. Secretary, Department Of Panchayat And Rural Development, Mahanadi Mantralay, Naya Raipur, P.O. And P.S. Naya Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

3. Collector, Raigarh (Chhattisgarh), District : Raigarh, Chhattisgarh

4. Zila Panchayat, Raigarh, Through Its Chief Executive Officer, Zila Panchayat, Raigarh (Chhattisgarh), District : Raigarh, Chhattisgarh

5. Janpad Panchayat, Raigarh, Through Its Chief Executive Officer, Janpad Panchayat Raigarh (Chhattisgarh), District : Raigarh, Chhattisgarh ---- Respondents For Petitioner :

Shri Rajendra Tripathi, Advocate For State :

Shri Majid Ali, Dy. Govt. Advocate S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 22/01/2018 Heard.

1. Learned counsel for the parties would not dispute that the matter in issue pertaining to payment of salary during the period the petitioner remained on

-2transfer, which was subsequently found to be illegal, is no longer res integra, as the same has been settled by this Court in the matter of Ku. Girija Patel Vs. State of Chhattisgarh and others (WPS No.2791 of 2017, decided on 03.07.2017).

2. In view of the above, this petition is also disposed of in terms of the order passed in Girija Patel (supra).

3. Consequently, the petitioner is held entitled to the wages with effect from the date of transfer till the date she joined her duties.

4. Let necessary steps be taken within a period of 60 days from today.

5. The writ petition stands allowed in the above stated terms. Sd/-- (Manindra Mohan Shrivastava) Judge Praveen