Daman Singh Thakur v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2350 of 2017 • Daman Singh Thakur S/o Shri Yadav Ram, Aged About 31 Years Presently Posted As Assistant Teacher (Panchayat), At Government Primary School Kampa (Maro), Block Nawadarh District Bemetara (Chhattisgarh) R/o Village Maro, Tahsil Nawagarh, District Bemetara (Chhattisgarh) ---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Mantralaya, Naya Raipur, Raipur (Chhattisgarh)

2. Chief Municipal Officer, Nagar Panchayat, Maro District Bemetara (Chhattisgarh)

3. Chief Executive Officer Zila Panchayat Bemetara, District Bemetara (Chhattisgarh)

4. Chief Executive Officer Janpad Panchayat Nawagarh, District Bemetara (Chhattisgarh)

5. Block Education Officer Nawagarh District Bemetara (Chhattisgarh) ---- Respondent For Petitioner :

Shri Mateen Siddiqui, Advocate For Respondents-State :

Shri Satish Gupta, GA for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 19/05/2017

1. The petitioner was appointed as Shiksha Karmi Grade-III by Janpad Panchayat, Nawagarh, District Bemetara on 18.7.2008. On formation of District Bemetara, out of the areas of erstwhile Durg District, the petitioner came to be posted in a School under the Nagar Panchayat, Maro, District Bemetara, whereupon, her service book was sent to the said Nagar Panchayat under oral order from Janpad Panchayat, Nawagarh.

2. Learned counsel for the petitioner would submit that neither the petitioner's service book is sent back to the Block Education Officer, Nawagarh despite the letter dated 15.4.2013- Annexure P/2 nor the petitioner is likely to be considered for promotion to the next higher post within Janpad Panchayat, Nawagarh.

3. In the above circumstances, the petitioner has prayed for a direction to the respondents to treat her under the service of Janpad Panchayat and not of Nagar Panchayat and accordingly, direct his posting.

4. In so far as the petitioner's posting is concerned, this Court cannot issue any direction for posting of an individual at a particular place, however, considering the appointment order Annexure P/1, it is also apparent that an employee's employer cannot be changed by any unilateral and innocuous action of the respondents by sending her to a particular place of posting and thereafter, treating her to be an employee of any other department.

5. In view of the above, the writ petition is disposed of with direction to the CMO, of the concerned Nagar Panchayat, District Bemetara to send back the petitioner's service book to Janpad Panchayat, Nawagarh. On such transfer of the service book, the concerned Janpad Panchayat shall proceed to consider the petitioner as an appointee under the Janpad Panchayat, Nawagarh by virtue of appointment order and take all consequent steps in accordance with law.

Sd/- Judge Prashant Kumar Mishra Ashu