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High Court Of ChhattisgarhWPS/2632/2017disposed off

Kalyan Singh Patel v. State Of Chhattisgarh

2017-11-09Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2632 of 2017 • Kalyan Singh Patel S/o Lalman Patel, Aged About 61 Years Posted As Gram Panchayat Secretary, Gram Panchayat Bhikhampura, Block Sarangarh, District Raigarh (Chhattisgarh). ---- Petitioner

Versus

1. State Of Chhattisgarh Through : The Secretary, Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur (Chhattisgarh).

2. Collector, Raigarh, District Raigarh (Chhattisgarh).

3. Chief Executive OfÏcer, Zila Panchayat Raigarh, District Raigarh (Chhattisgarh).

4. Chief Executive OfÏcer, Janpad Panchayat Sarangarh, District Raigarh (Chhattisgarh).

---- Respondent For Petitioner Mr. HS Patel, Advocate For Respondent/State Mr. Ashutosh Pandey, Panel Lawyer For Respondent No.4 Mr. Sushobhit Singh, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 9/11/2017

1. Heard.

2. It is informed that the impugned transfer order has been cancelled by subsequent order dated 12.7.2017, therefore, the

writ petition has been rendered infructuous.

3. Mr. HS Patel, learned counsel for the petitioner, would submit that despite there being an interim order passed by this Court and despite having cancelled the impugned order, the petitioner is not allowed to function as Panchayat Secretary of Gram Panchayat Bhikhampura, Block Sarangarh, District Raigarh.

4. In this regard, it is observed that if the petitioner's transfer has been cancelled and he is allowed to remain as the Secretary of Gram Panchayat, Bhikhampura, there is no reason why he should not be allowed to hold the charge of the said ofÏce and paid the salary for the days worked by him.

5. If the charge is not handed over and the salary is not paid to the petitioner, he may move a representation in this regard before respondent No.3 i.e. CEO, Zila Panchayat, Raigarh, District Raigarh, who in turn shall decide the representation within 04 weeks from the date of its submission.

6. The writ petition is accordingly disposed of. Sd/- Judge (Prashant Kumar Mishra) Shyna