Tika Ram Patel v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No.401 of 2016 Tika Ram Patel, son of Jagdish Patel, aged about 51 years, posted at Government Girls Higher Secondary School Saraipali, District Mahasamund, Chhattisgarh ---- Appellant versus
1. The State of Chhattisgarh, through Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur, Chhattisgarh
2. Joint Secretary, State of Chhattisgarh, School Education Department, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur, Chhattisgarh
3. District Education Officer, District Mahasamund, Chhattisgarh
4. Principal, Govt. Girls Higher Secondary School, Saraipali, District Mahasamund, Chhattisgarh
5. Smt. Gasmoti Patel, Lecturer, Sanskrit, Govt. High School, Kankeva, Block Saraipali, District Mahasamund, Chhattisgarh ---- Respondents For Appellant :
Shri Raghvendra Pradhan, Advocate For State/Respondents No.1 to 4 : Shri Y.S. Thakur, Deputy Advocate General Hon'ble Shri Deepak Gupta, Chief Justice Hon'ble Shri Justice P. Sam Koshy Order on Board Per Deepak Gupta, Chief Justice 24.8.2016
1. This writ appeal is totally an abuse of process of law. The Appellant/Petitioner has been transferred from Government Girls Higher Secondary School, Saraipali, District Mahasamund to Government High School Kankeva, which falls in the same Block of Saraipali, District Mahasamund.
2. The only ground raised by the Appellant/Petitioner is that he may not get salary at the new place of his transfer/posting because the Government High School Kankeva, Block Saraipali, District Mahasamund is run under the Rashtriya Madhyamik Shiksha Abhiyan.
3. It is the duty of the Government to pay salary to its employees.
Therefore, the Appellant/Petitioner will have to join his new place of posting at Government High School Kankeva, Block Saraipali, District Mahasamund. In case, he is not paid salary at his new place of posting, he has a right to approach this Court in accordance with law for claim of his salary.
4. In view of the above discussion, the writ appeal is dismissed. Sd/- Sd/- (Deepak Gupta) (P. Sam Koshy) CHIEF JUSTICE JUDGE Gopal