Nanduram Dhruv v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 619 of 2021

1. Nanduram Dhruv S/o Shri Buddhuram Dhruv Aged About 60 Years Pesa, Sahayak Shikshak L.B., Shaskiya Prathmik Shala Chandipara Vikashkhand Takhatpur, Niwasi- Gram Birgaon, Jila- Mungeli, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through- Sachiv, School Shiksha Vibhag, Mantralaya Mahanadi Bhawan Naya Raipur, Chhattisgarh

2. Sachiv Panchayat, Gramin Vikash Avam Shram Vibhag, Mantralaya Naya Raipur, Chhattisgarh

3. Mukhya Karyapalan Adhikari Janpad Panchayat Takhatpur, JilaBilaspur, Chhattisgarh

4. Jila Shiksha Adhikari Bilaspur, Jila- Bilaspur, Chhattisgarh

5. Khand Shiksha Adhikari Vikashkhand, Takhatpur, Jila Bilaspur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Abdul Wahab Khan Advocate For State :

Mr. Wasim Miyan, P.L. Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 16.02.2021 Heard

1. Learned counsel for the petitioner submits that the petitioner has filed an application that he was working prior to 1991 in the Panchayat Department and he was subsequently absorbed in Education Department. It is contended that the petitioner raised grievance that the amount was being deducted under National Pension Scheme (N.P.S.) from the salary and the N.P.S. has been implemented from 01.01.2004,

whereas the petitioner has been appointed in the year 1991; therefore, the deduction under the N.P.S. cannot be made from his salary. It is further contended that the petitioner has made an application that the deduction may not be made under the N.P.S. and he should be allowed to give privilege which was given earlier. It is further contended that the petitioner has made an application to the District Education Officer, which may be directed to be decided.

2. At this stage, since limited prayer is made, the petitioner is given liberty to make a fresh representation redressing all the averments to the respondent No. 4 within a period of 4 weeks, which shall be decided within a further period of 90 days from the date of receipt of the representation. It is made clear that this Court has not made any observation on the merit of this case.

3. With the aforesaid observation, the petition stands disposed of. Sd/- P. Sam Koshy Judge Jyotijha