Smt. Madhubala Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1267 of 2021 Smt. Madhubala Sahu W/o Shri Kamal Ram Sahu Aged About 43 Years Presently Posted As Lecturer, Government High School Darri, Block Katghora, District Korba Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan Atal Nagar, Nava Raipur, District Raipur Chhattisgarh

2. Directorate Of Public Instructions, Chhattisgarh First Floor Block- C, Indravati Bhawan Atal Nagar, Nava Raipur, District Raipur Chhattisgarh

3. Collector Korba District Korba Chhattisgarh

4. District Education Officer Korba District Korba Chhattisgarh

5. Principal Government High School Darri, Block Katghora, Korba District Korba Chhattisgarh, District : Korba, Chhattisgarh

6. Disbursing Officer/ Principal Government Higher Secondary School N. T. P. C. Jamnipali, Korba District Korba Chhattisgarh ---- Respondents For Petitioner :

Mr. Shashank Thakur, Advocate For State :

Ms. Akansha Jain, Dy. GA Hon'ble Shri Justice P. Sam Koshy Order on Board 15/03/2021

1. The relief that the petitioner firstly is seeking is to direct the respondents for releasing of salary. Second was for annual increment not paid to the petitioner for the previous two years and third was directing the respondents to ensure that salary payable to the petitioner is released from the place where petitioner is substantively posted or else the petitioner might be considered as surplus by the respondents.

2. Pending the writ petition when the matter is taken up for hearing today the learned counsel for the petitioner submits that respondents have now released the unpaid salary and have also started to release the unpaid

salary to the petitioner and hence grievance to that extent stands redressed.

3. Now according to the petitioner the only dispute remains is firstly to ensure that the two annual increments not granted to the petitioner to be released at the earliest and further direct the respondents to ensure that the salary payable to the petitioner is paid from the substantive place of posting rather than being released from the place where the petitioner is not posted.

4. Counsel for the State submits that these are matter of facts which needs to be verified and an appropriate decision shall be taken by the respondent no.4 to 6.

5. Accordingly, the writ petition stands disposed of directing the respondent no.4 to 6 to take appropriate decision at the earliest both in respect of releasing of the two annual increments for the period of previous two years and also take appropriate decision on the aspect whether the petitioner's salary can be drawn against the school where she is substantively posted.

6. Let a decision be taken in this regard at the earliest preferably within a period of three months from the date of receipt of copy of this order.

7. With the aforesaid observation, the writ petition stands disposed of. S Sd/- (P. Sam Koshy) Judge Rohit