High Court Of ChhattisgarhWPS/2006/2021disposed off

Awackash Vishwakarma v. State Of Chhattisgarh

2021-03-24Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2006 of 2021 • Awackash Vishwakarma S/o Dr. B.P. Vishwakarma Aged About 32 Years Working As Sub Engineer And Posted At Pwd E/m Sub Division, Korba, District Korba Chhattisgarh., District : Korba, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Public Work Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Executive Engineering Public Work Department, Korba, District Korba Chhattisgarh., District : Korba, Chhattisgarh

3. Sub Divisional Officer Public Work Department E/m Sub Division, Korba, District Korba Chhattisgarh., District : Korba, Chhattisgarh ----Respondents For the Petitioner :

Mr. Ajay Shrivastava, Advocate For the State :

Mr. Sudeep Verma, Dy. G.A.

---------------------------------------------------------------------------------------- Hon'ble Shri Justice P. Sam Koshy Order On Board /03/2021

1. The petitioner has moved an application for correction of the cause title. The respondent No.2 has not opposed the application. Accordingly, let the amendment be carried out during the course of the day itself.

2. The grievance of the petitioner in the present writ petition is the non releasing of the salary, in spite of the petitioner reporting for duty. Though in between the petitioner has been paid salary for the month of August, September and October.

3. Considering the documents annexed along with the petition, there appears to be factual disputes, so far as the reporting for

duty of the petitioner and also the marking of the attendance of the petitioner is concerned. Given the said facts, let the petitioner approach the respondent No.2 by way of a detailed representation and explanation in respect of his performance of duty during the intervening period and the respondent No.2 shall on due scrutiny of the record pass a speaking order deciding as to whether the petitioner would be entitled for the salary or not in given facts and circumstances.

4. Let an appropriate decision be taken at the earliest within a period of 45 days, subject to the petitioner furnishing his representation within a period of 7 days from the date of receipt of copy of this order.

5. The writ petition accordingly stands disposed off. Sd/- (P. Sam Koshy) Judge Parul