Amina Minj v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1903 of 2019 Amina Minj Wd/o Late Shri Vijay Minj, Aged About 45 Years, R/o Ward No. 15, Nagar Panchayat Rajpur, Tahsil Rajpur, District Balrampur Chhattisgarh ---- Petitioner

Versus

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

2. The Commissioner Mahatma Gandhi National Rural Employment Guarantee Scheme, Raipur, Chhattisgarh

3. The Collector -Cum District Coordinator (MNREGA) Surajpur, Chhattisgarh

4. The Chief Executive Officer, Zila Panchayat, Surajpur, Chhattisgarh

5. The Chief Executive Officer, Janpad Panchayat Pratppur, District Surajpur, Chhattisgarh

6. Shri Rajesh Sengar, The Chief Executive Officer, Janpad Panchayat Pratappur, District Surajpur, Chhattisgarh ---Respondents For Petitioner :

Mr. R. R. Soni, Advocate For State :

Mr. P. Acharya, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 18/03/2019

1. The limited grievance which the petitioner raises at this juncture is for an appropriate direction to the respondents to consider release of the salary payable to her husband (the deceased employee) for the period between November, 2017 to February, 2018.

2. Contention of the counsel for the petitioner is that her husband was working as a Technical Assistant under respondent no.5 and that he had in

-2fact discharged his duties during November, 2017 to February, 2018 but he has not been paid salary for the said period.

3. Counsel for the petitioner submits that there are sufficient records available with respondent no.5 with which it could be verified and ascertained that the deceased employe late Vijay Minj had in fact discharged his duties during the said period.

4. Given the limited grievance which the petitioner has raised, this Court is of the opinion that no fruitful purpose would be served in keeping the writ petition pending, rather ends of justice would meet if respondent No.4, the Chief Executive Officer, Jila Panchayat, Surajpur is directed to verify as to whether the deceased employee namely Vijay Minj had in fact discharged his duties as a Technical Assistant during the period between November, 2017 to February, 2018. If the deceased employee had worked during the said period, why the salary has not been paid to him and if the deceased employee was entitled for the salary, the same be released to the petitioner i.e. the widow of the deceased employee forthwith. Let this exercise be completed within a period of 4 months from the date of receipt of copy of this order.

It shall be the responsibility of the petitioner to apprise respondent no.4 as regards the order passed by this Court along with a detailed representation in respect of her grievance within a period of 3 weeks from today. If necessary, respondent no.4 shall also call upon respondent no.5 to provide all necessary documents for ascertaining the factual aspect of the case.

5. With the aforesaid observation, the writ petition stands disposed off. Sd/- (P. Sam Koshy) Judge Khatai