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High Court Of ChhattisgarhWPS/1652/2019disposed off

Rakesh Kumar Jain v. State Of Chhattisgarh

2019-03-08Hon'Ble Shri Justice P. Sam Koshy3 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1627 of 2019 Rakesh Kumar Jain S/o Late Shri Guljhari Lal Jain Aged About 64 Years Retired Physical Training Instructor, R/o Chopdapara, Near Timber Bhawan, Ambikapur, District Surguja Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Scheduled Caste And Scheduled Tribe Development Department, Mantralaya, Atal Nagar, New Raipur Chhattisgarh.

2. The Commissioner, Scheduled Caste And Scheduled Tribe Development, New Raipur, District Raipur Chhattisgarh.

3. The Collector, Balrampur Ramanujganj Chhattisgarh.

4. Ajay Kumar Singh, The Then Disbursing Cum Distribution Officer, Balak Krida Parisar, Wadrafnagar, District Balrampur Ramanujganj Chhattisgarh. Presently Posted As Principal, Govt. Higher Secondary School, Basantpur, Block Wadrafnagar, District Balrampur Ramanujganj Chhattisgarh.

5. Lalman Yadav Clerk, Government, Higher Secondary School, Balak Krida Parisar, Wadrafnagar, District Balrampur, Ramanujganj Chhattisgarh

6. The District Education Officer, Balrampur, Chhattisgarh ---Respondents AND WPS No. 1652 of 2019 Rakesh Kumar Jain S/o Late Shri Guljhari Lal Jain Aged About 64 Years Retired Physical Training Instructor, R/o Chopdapara, Near Timber Bhawan, Ambikapur, District Surguja Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Scheduled Caste And Scheduled Tribe Development Department, Mantralaya, Atal Nagar, New Raipur Chhattisgarh.

2. The Commissioner, Scheduled Caste And Scheduled Tribe Development, New Raipur, District Raipur Chhattisgarh.

3. The Collector, Balrampur Ramanujganj Chhattisgarh.

4. The Collector (Tribal Development), Collectorate Office, BalrampurRamanujganj, Chhattisgarh

5. The District Education Officer, Balrampur, Chhattisgarh ---Respondents

-2For Petitioner :

Mr. D.N. Prajapati, Advocate For State :

Mr. Arvind Dubey, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 08/03/2019

1. The counsel for the petitioner makes an oral request for permitting him to add the concerned District Education Officer as a necessary party to both the writ petitions.

2. The oral prayer is not opposed.

3. Accordingly, the oral prayer stands allowed. Let necessary amendment be carried out during the course of the day itself.

4. The dispute involved in both the writ petitions is in respect of nonfinalization of the traveling expenses, which the petitioner has incurred. According to the petitioner, the petitioner, in the course of discharging of his duties as a Physical Training Instructor, has incurred certain traveling expenses and for which the petitioner had raised the claim before the authorities, however the Department has only cleared a paltry amount and the major part of the amount has till date not been finalized. The petitioner submits that the petitioner already has given the details of the expenses incurred in the office of District Education Officer, but till date no decision has been taken.

5. Given the aforesaid facts, considering the nature of dispute and which is also only confined to the unpaid traveling allowances, if any, both the writ petitions stand disposed of with a direction that the petitioner shall, in addition to any representation that he has already

-3made, make a fresh representation supported with all relevant records to the office of the District Education Officer within a period of 15 days from today, and the District Education Officer in turn shall further look into the aspect and decide the representation of the petitioner in accordance with the rules governing the field at the earliest preferably within a period of 4 months from the date of receipt of the representation from the petitioner.

6. It shall be the responsibility of the petitioner to appraise the District Education Officer, so far as the order passed by this Court is concerned.

7. With the aforesaid observations, both the writ petitions stand disposed off.

Sd/- (P. Sam Koshy) Judge Ved