P.S. Som v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1138 of 2020 P.S. Som S/o Late Shri Chaman Singh Som Aged About 59 Years Presently Working As Revenue Officer, In The Office Of The Municipal Corporation, Ambikapur, District Surguja Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh.

2. Director Department Of Urban Administration And Development, Indravati Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh.

3. Joint Director Department Of Urban Administration And Development, Bastar Division, Jagdalpur, District Jagdalpur Chhattisgarh ---- Respondents For Petitioner :

Shri Vivek Kumar Agrawal, Advocate.

For State :

Ms. Beenu Sharma, PL.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 09/03/2020 Heard.

1.

Learned counsel for the petitioner would submit that while the petitioner was posted as CMO at Kondagaon he was on medical leave from 2/04/2017 to 12/06/2017 i.e. for 72 days. Said leave application was duly forwarded to the respondent and nothing has been decided in the said leave application and the petitioner was not paid the salary for 72 days. Subsequently, the petitioner has been transferred to Nagar Palika, Khairagarh, he made a representation to the respondent No.2, Director, Department of Urban Administration and Development,

Raipur, however the same is not being decided till date, therefore same may be directed to be decided within stipulated time so that the petitioner's leave can be allowed and he may be paid the salary which was not paid. 2.

Considering the limited prayer made and after perusal of Annexure P-1 and P-3 which shows that an application has been made to the Director, Department of Urban Administration and Development, Raipur that the petitioner was on medical leave from 2/04/2017 to 12/06/2017 due to ailment of heart. Considering the same that the application has already been made which has come to a logical end, it cannot be kept in abeyance. Taking into such fact after perusal of Annexure P-1 it appears to have been submitted to the respondent on 19/07/2017, respondent No.2 is directed to decide the application of the petitioner within a further period of 60 days from the date of receipt of this order. 3.

With such observation, the petition stands disposed of. Sd/- Goutam Bhaduri Judge gouri