Satyapal Singh Rathiya v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.(S) No. 630 of 2020

1. Satyapal Singh Rathiya, S/o. Shri Chaitram Rathiya, Aged About 42 Years, Occupation- Service, Working As Shiksha Karmi Grade-3 And Presently Posted At Primary School, Kangapara (Madanpur), Block Korba, R/o. Post Chachiya, Police Station Kartala, District Korba, Chhattisgarh.

2. Madan Singh Rathiya, S/o. Shri Jotram Rathiya, Aged About 45 Years, Occupation- Service And Working As Shiksha Karmi Grade-3 And Presently Posted At Primary School, Simkenda, Block Korba, R/o. Botli, Post Ghinara, Tahsil Kartala, District Korba, Chhattisgarh. ---- Petitioners

Versus

1. State Of Chhattisgarh, Through The Secretary, Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur, Chhattisgarh.

2. Collector Korba, District Korba, Chhattisgarh.

3. Chief Executive Officer, Janpad Panchayat, Korba, District Korba, Chhattisgarh.

---- Respondents For Petitioners :

Mr. Awadh Tripathi, Advocate For State/Respondents :

Mr. Kapil Maini, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 29.01.2020

1. Learned counsel for the petitioners would submit that the services of the petitioners were terminated on 17.08.2009 on the basis of the fact that certain criminal case was registered against them. Subsequently, the petitioners were acquitted of the charges on 13.08.2018, thereafter, the petitioners were reinstated on 31.08.2019, however, the petitioners have not been given the back wages on the principles of "no work no pay". It is contended that the petitioners' cause is covered by the similar set of judgment which is rendered by the coordinate Bench of this Court in WPS No.4505 of 2018 on 11.07.2018.

2. State counsel do not dispute the fact that the similar like nature of petitions have been decided by this Court wherein the representation has been directed to be decided.

3. Considering such submission, the petitioners are given liberty to file a detailed representation to the respondent No.3 in this regard within a period of 3 weeks from today and in turn the respondent No.3 shall consider and decide the representation in accordance with the rules governing the field and also keeping in view the judgment of the division Bench of this Court in the case of Tukaram v. State of Chhattisgarh (WPC No.1703 of 2015 and batch of petitions) decided on 16/05/2017 the judgment of which also would be produced by the petitioners to the respondent No.3.

4. Let the respondent No.3 take a final decision on receipt of the representation of the petitioners within a further outer limit of 90 days.

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