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High Court Of ChhattisgarhWPS/6224/2017allowed

Amit Kumar Sidar v. State Of Chhattisgarh

2017-11-21Hon'Ble Shri Justice Prashant Kumar Mishra3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6224 of 2017

1. Amit Kumar Sidar S/o Narayan Sidar, Aged About 27 Years Occupation Service, Assistant Panchayat Teacher Grade III, Posted At Govt. Primary School Korrapani, Block Sarangarh District Raigarh Chhattisgarh

2. Smt. Nirmala Patel Wd/o Shri Ram Kumar Patel Aged About 37 Years Occupation Service Assistant Panchayat Teacher Grade III, Posted As Govt. Primary School Kanchanpur Block Baramkela, District Raigarh R/o Chhuhipali, Post Karanpali, Tahsil Baramkela, District Raigarh Chhattisgarh

3. Ku. Sangeeta Sidar, D/o Narayan Sidar, Aged About 26 Years Assistant Teacher ( Panchayat ) Government Primary School Malda-B, Janpad Panchayat Sarangarh District Raigarh Chhattisgarh

4. Ramgopal Saw S/o Suresh Kumar Saw, Aged About 26 Years Assistant Teacher ( Panchayat ) Grade III, Posted At Government Primary School Navagarh, Block Office Gharghoda District

5. Deendayal Patel, S/o Haldhar Prasad Patel, Aged About 26 Years Assistant Teacher ( Panchayat ) Posted At Government Primary School Junadihi, Janpad Panchayat Gharghoda District Raigarh Chhattisgarh

6. Bharat Sidar S/o Jairam Sidar, Aged About 26 Years Assistant Teacher ( Panchayat ), Government Primary School Kotrimal District Raigarh Chhattisgarh

7. Gajendra Kumar Sahu, S/o Uttam Ram Sahu, Aged About 29 Years Assistant Teacher ( Panchayat ) Government Primary School Teram Janpad Panchayat, Gharghoda District Raigarh Chhattisgarh

8. Suresh Kumar Chouhan, S/o Nandlal Chouhan, Aged About 43 Years Assistant Teacher ( Panchayat ) Government Primary School Bahirkela Janpad Panchayat, Gharghoda District Raigarh Chhattisgarh

9. Mukesh Kumar Patel S/o Hans Ram Patel Aged About 28 Years Assistant Teacher ( Panchayat ) Government Primary School Raikera, Janpad Panchayat, Gharghoda District Raigarh Chhattisgarh 10.Chudamani Paikra, S/o Agnuram Paikra, Aged About 41 Years Assistant Teacher ( Panchayat ) Government Primary School

Chuhkimar, Janpad Panchayat Gharghoda District Raigarh Chhattisgarh 11.Kedar Singh Rathia, S/o Sadhu Ram Rathiya, Aged About 30 Years Assistant Teacher ( Panchayat ) Government Primary School Navadihi Janpad Panchayat, Gharghoda District Raigarh Chhattisgarh 12.Bundeshwar Prasad Rathia, S/o Purliya Ram Rathia, Aged About 44 Years Assistant Teacher ( Panchayat ) Government Primary School Dipapara, Janpad Panchayat Gharghoda District Raigarh Chhattisgarh 13.Sunil Kumar Aged About 30 Years Assistant Teacher ( Panchayat ) Government Primary School Bankheta Janpad Panchayat Gharghoda District Raigarh Chhattisgarh 14.Arvind Beck, S/o Philmon Beck Aged About 30 Years Assistant Teacher ( Panchayat ) Government Primary School Tibhaudihi, Janpad Panchayat, Gharghoda District Raigarh Chhattisgarh 15.Smt.

Leelawati Nayak, W/o Shri Tikaram Nayak, Aged About 29 Years Assistant Teacher ( Panchayat ) Government Primary School Sehaspuri, Raigarh R/o Jhankpur Tahsil Baramkela District Raigarh Chhattisgarh 16.

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mantralaya New Raipur P. S. Rakhi District Raipur Chhattisgarh

2. The Collector, Raigarh District Raigarh Chhattisgarh

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

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

5. The Chief Executive Officer, Janpad Panchayat, Baramkela, District Raigarh (Chhattisgarh).

6. The Chief Executive Officer, Janpad Panchayat Gharghoda, District Raigarh Chhattisgarh

7. The Chief Executive Officer, Janpad Panchayat Raigarh District

---- Respondent For Petitioner Mr. Manoj Kumar Jaiswal, Advocate For Respondent /State Mr. Sameer Behar, Panel Lawyer Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 21/11/2017

1. Heard.

2. Learned counsel for the parties would not dispute that the matter in issue pertaining to payment of salary during the period the petitioners remained on transfer, which was subsequently found to be illegal, is no longer res integra, as the same has been settled by this Court in the matter of Ku. Girija Patel Vs. State of Chhattisgarh and others (WPS No.2791 of 2017, decided on 03.07.2017).

3. In view of the above, this petition is also disposed of in terms of the order passed in Girija Patel (supra).

4. Consequently, the petitioners are held entitled to the wages with effect from the date of transfer till the date they join their duties.

5. Let necessary steps be taken within a period of 60 days from today.

6. The writ petition stands allowed in the above stated terms. Sd/- Judge (Prashant Kumar Mishra) Shyna