Manju Lata Sidar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5702 of 2017

1. Smt. Manju Lata Lahrey W/o Vijay Kumar Lahrey, Aged About 28 Years Presently Working As Assistant Teacher (Panchayat), Govt. Primary School, Amlipali (A), Janpad Panchayat, Sarangarh, District Raigarh, Chhattisgarh

2. Smt. Santoshi Sidar W/o Shri Asheesh Kumar Sidar, Aged About 29 Years Presently Working As Assistant Teacher (Panchayat), Govt. Primary School, Saraypali (Adarsh), Janpad Panchayat, Sarangarh, District Raigarh, Chhattisgarh

3. Gautam Prasad Chouhan S/o Konda Ram Chouhan, Aged About 38 Years Presently Working As Assistant Teacher (Panchayat), Govt. Primary School, Sonadula, Janpad Panchayat, Sarangarh, District Raigarh, Chhattisgarh

4. Arjun Lal Jangdey S/o Late Shri Ganga Ram Jongadey, Aged About 41 Years Presently Working As Assistant Teacher (Panchayat), Govt. Primary School, Tandipar, Janpad Panchayat, Sarangarh, District Raigarh, Chhattisgarh ---- Petitioner

Versus

1.

State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh 2.

The Chief Executive Officer, Zila Panchayat, Raigarh, District Raigarh, Chhattisgarh 3.

The Chief Executive Officer, Janpad Panchayat Sarangarh, District Raigarh, Chhattisgarh ---- Respondent And WPS No. 5704 Of 2017 1.

Manju Lata Sidar W/o Kishore Kumar Kashyap Aged About 24 Years Presently Working As Assistant Teacher ( Panchayat), Govt, Primary School, Kapisda B, Janpad Panchayat, Sarangarh, District Raigarh Chhattisgarh.

2.

Smt. Radha Bai Maitry W/o Madan Lal Maitry Aged About 39

Years Presently Working As Assistant Teacher ( Panchayat ) Government Primary School, Taldewari Janpad Panchayat Sarangarh, District Raigarh Chhattisgarh.

3.

Smt. Sushma Chauhan W/o Om Prakash Chouhan Aged About 28 Years Presently Working As Assistant Teacher ( Panchayat ) Government Primary School Gatadih, Janpad Panchayat Sarangarh, District Raigarh Chhattisgarh. 4.

Ramnath Kurrey S/o Alekh Ram Kurrey, Aged About 36 Years Presently Working As Assistant Teacher ( Panchayat) Government Primary School Khairkala, Janpad Panchayat Sarangarh, District Raigarh Chhattisgarh.

---- Petitioner Vs

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

2. The Chief Executive Officer, Zila Pachayat, Raigarh District Raigarh Chhattisgarh.

3. The Chief Executive Officer, Janpad Panchayat, Sarangarh, District Raigarh Chhattisgarh.

---- Respondent For Petitioners Shri Govind Dewangan, Advocate.

For Respondents Shri Rajendra Tripathi, P.L.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 01/11/2017

1. Heard.

2. Learned counsel for the petitioner submits that the issue involved in the present case is squarely covered by the 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.

3. Learned counsel for the petitioner submits that one Ku. Girija Patel was also one of the aggreived employee like the petitioner had assailed the order of transfer from one Zila Panchayat to other Zila Panchayast, 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.

4. 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 which the petitioner joined duty.

5. 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/- Judge Prashant Kumar Mishra Akhilesh