Shankar Lal Kaiwartya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2913 of 2015

1. Shankar Lal Kaiwartya S/o Shri Bhakalu Ram Kaiwartya Aged About 45 years Upper Division Teacher, Government Middle School Mitthunawangaon, R/o Village Sonpuri, Tahsil And P.S. Kota, District Bilaspur, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, School Education Department, Mantralaya Bhawan, Naya Raipur, Police Station Naya Raipur, District Raipur, (Chhattisgarh)

2. Director Directorate Public Instruction, Raipur (Chhattisgarh)

3. District Education Officer, District Bilaspur, (Chhattisgarh)

4. Block Education Officer, Kota, District Bilaspur, (Chhattisgarh) ---- Respondent For Petitioner Shri A.K. Swarnkar, Adv.

For Respondent/State Shri Shashank Thakur, Govt. Adv.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 13/08/2015 Heard learned counsel for the parties.

1.

By this petition, the petitioner is claiming salary from the month of September, 2014.

2.

At the very outset, learned counsel for the State wold submit, on instructions, that the petitioner is, in fact, appointed and working as Shiksha Karmi Grade II, however, he is not attending the duties from August, 2014. The competent authority has also placed him under suspension and the charge sheet has already been issued to the petitioner.

3.

In view of the above, no case for issuance of any direction to the respondents for payment of salary to the petitioner, is made out. Accordingly, the writ petition is dismissed. However, if the subsistence allowance is not paid to him, the petitioner would be at liberty to make appropriate application before the competent authority for payment of subsistence allowance. Sd/- Judge Prashant Kumar Mishra Gowri