Ishwar Prasad Saral v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.4753 of 2017
1. Ishwar Prasad Saral S/o Shri Shoukilal Saral, Aged About 33 Years Presently Working As Assistant Teacher (Panchyat) At Govt Primary School, Devalsurra, Pusour, R/o Village Tarda & Post Kodapali, Tahsil Pusour, District Raigarh, Chhattisgarh.
2. Smt. Madhuri Sarai, W/o Shri Satyavrat Saral, Aged About 28 Years Presently Working As Assistant Teacher (Panchayat) At Govt. Primary School, Basanpali, Pusour, R/o Village Lara, Post Kodapali, Tahsil Pusour, District Raigarh, Chhattisgarh.
3. Smt. Aruna Gupta W/o Shri Chaturbhuj Gupta, Aged About 26 Years Presently Working As Assistant Teacher (Panchayat) At Govt. Primary School Kathani, Pusour, R/o Village & Post Kodapali, Tahsil Pusour, District Raigarh, Chhattisgarh. (After Marriage Surname Changed From Sahu To Gupta)
4. Pushpa Patel D/o Shri Jayram Patel, Aged About 27 Years Presently Working As Assistant Teacher (Panchayat) At Govt. Primary School Kandagarh, Pusour, District Raigarh, R/o Village R. Muda, Police Station & Tahsil Pusour, District Raigarh, Chhattisgarh.
5. Smt. Yanjulata Chouhan W/o Shri Lakhanlal Chouhan, Aged About 26 Years Working As Assistant Teacher (Panchayat) At Govt. Primary School, Taparda, Pusour, R/o Village Ranbhata, Post Kanga Tahsil Pusour, District Raigarh, Chhattisgarh.
---- Petitioners
Versus
1. State Of Chhattisgarh Through The Secretary, Panchyat And Rural Welfare Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District - Raipur Chhattisgarh.
2. Chief Executive Officer, Zila Panchayat Raigarh, District Raigarh, Chhattisgarh.
3. Chief Executive Officer, Janpad Panchayat, Pusour & Raigarh, District Raigarh, Chhattisgarh.
---- Respondents For Petitioner :
Shri R. S. Patel, Advocate For Respondent/State :
Shri Manish Nigam, PL Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 13/09/2017 Heard.
1.
Learned counsel for the petitioner submits that the issue involved in the present
case is squarely covered by order dated 03.07.2017 passed in WPS No.2791 of 2017 in respect of similarly situated employee, whose transfer from the jurisdiction of one Zila Panchayat to other Zila Panchayat has been held to be without jurisdiction and illegal by this Court in WPS No.1273 of 2016 (Smt. Geeta Sukhdeve Vs. State of Chhattisgarh and others) and batch of petitions. 2.
Learned counsel for the petitioner submits that one Ku. Girija Patel was also one of the aggrieved employee like the petitioner, had assailed the order of transfer from one Zila Panchayat to other Zila Panchayat, which was set aside by this Court. Later on, Ku. Girija Patel filed another petition WPS No.2791 of 2017 claiming that she is entitled to salary for the period it was not paid to her for non-joining pursuant to the impugned order of transfer. That petition has been allowed vide order dated 03.07.2017 with the direction to make payment of salary with effect from the date of transfer till the date of joining.
3.
Learned State counsel could not dispute the legal position and that the case of the petitioner is similar to that of Ku. Girija Patel in whose favour, order has been passed by this Court on 03.07.2017. He, however, submits that it would require factual verification as to the date on which the petitioner joined duty. 4.
In view of the aforesaid submission, I am inclined to allow this petition on the same terms as in the case of Ku. Girija Patel (WPS No.2791 of 2017) decided vide order dated 03.07.2017 and direct respondents to grant consequential relief including wages with effect from the date of transfer till the date, the petitioner joined his duty. Let necessary steps be taken in this regard within a period of 60 days from today. SD/- (Manindra Mohan Shrivastava) J U D G E Tumane