Badri Vishal Tiwari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 397 of 2016 • Badri Vishal Tiwari S/o Late Shri Kaushal Prasad Tiwari, Aged About 53 Years Presently Working As Assistant Revenue Inspector Under The Nagar Panchayat Bodri, Block- Bilha, District- Bilaspur, (Chhattisgarh).

---- Petitioner

Versus

1. Dr. Rohit Yadav Secretary, Department Of Urban Administration & Development, Mahanadi Bhawan, New Raipur.

2. Jitendra Shukla, Joint Secretary, Department Of Urban Administration & Development, Mahanadi Bhawan, New Raipur.

3. B.L. Soni, Under Secretary, Department Of Urban Administration & Development, Mahanadi Bhawan, New Raipur.

4. Niranjan Das, Director, Department Of Urban Administration & Development, Mahanadi Bhawan, New Raipur,........(Contemnors). ---- Respondent And WPS No. 2620 Of 2016 • Badri Vishal Tiwari S/o Late Kushal Prasad Tiwari, Aged About 53 Years Presently Working As Assistant Revenue Inspector Under The Nagar Panchayat Bodri Block Bilha, District Bilapspur Chhattisgarh ---- Petitioner Vs

1. State Of Chhattisgarh Through The Principal Secretary, Urban Administration And Development Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh

2. Joint Secretary, Urban Administration And Development Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh

3. Joint Director, Urban Administration And Development Department, District Bilaspur Chhattisgarh

4. Chief Municipal Officer, Nagar Panchayat Bodri, Block Bilha, District Bilaspur Chhattisgarh ---- Respondents And WPS No. 5094 Of 2016 • Badri Vishal Tiwari S/o Late Kushal Prasad Tiwari, Aged About 53 Years Presently Working As Assistant Revenue Inspector Under The Nagar Panchayat Bodri Block Bilha, Disrict Bilaspur Chhattisarh ---- Petitioner Vs

1. State Of Chhattisgarh Through The Principal Secretary, Urban Administraiton And Development, Department, Mahanadi Bhawan, Mantralaya Naya Raipur, District Raipur Chhattisgarh

2. The Under Secretary, Urban Administration And Development, Deapartment, Mahanadi Bhawan, Mantralaya, Naya Raipr, District Raipur Chhattisgarh

3. The Director, Urban Administraiton And Development, Department Directorate Naya Raipur District Raipur Chhattisgarh

4. Joint Director, Urban Administration And Development, Department, Disrict Bilaspur Chhattisgarh

5. Chief Municipal Officer, Nagar Panchayat Bodri, Block Bilha, Distirct Bilaspur Chhattisgarh ---- Respondents --------------------------------------------------------------------------------------------------- For Petitioner :

Mr. Apoorv Shrivastava, Advocate For State :

Mr. Chandresh Shrivastava, Panel Lawyer in WPS Nos. 2620/2016 and 5094/2016.

For Corporation :

Mr. Akhilesh Kumar, Advocate in WPS Nos. 2620/2016 and 5094/2016 --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 25/11/2016 Heard.

1.

Learned counsel for the State and counsel for respondentCorporation inform the Court that during the pendency of this case, the transfer orders in all the cases have been cancelled and it is also informed that the salary of the petitioner after he was allowed to join pursuant to interim order passed by this Court have also been paid and in respect of the period for which the petitioner worked in the office has also been paid.

2.

Learned counsel for the petitioner submits that the salary for the intervening period when he was relieved and thereafter joined because of the interim order still remains to be paid and also claims for certain of medical expenses.

3.

The petitioner's claim for salary in respect of the period after he was relieved till the period he was again allowed to join pursuant to interim order alone is required to be considered. The fact of cancellation of

the transfer orders by the Government during the pendency of the petitions may also be relevant factor.

4.

Considering aforesaid subsequent developments, I am not inclined to keep these petitions pending. All these petitions are disposed off. The petitioners salary for 26 days, during which he remained under relieving till the period he was again allowed to join, should be considered by the State Government and the decision be taken by the State Government as early as possible.

Sd/- (Manindra Mohan Shrivastava) Judge Chandra