Dhan Singh Rathour v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2178 of 2020 • Dhan Singh Rathour S/o Shri Hira Singh Rathore Aged About 55 Years Working As Asstt. Grade-3, At Janpad Panchayat, Kota, District Bilaspur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh

2. The Collector District Bilaspur Chhattisgarh,

3. The Collector District Gaurela Pendra Marwahi Chhattisgarh,

4. The Chief Executive Officer Zila Panchayat Bilaspur District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh

5. The Chief Executive Officer Janpad Panchayat Gaurela District Gaurela Pendra Marwahi Chhattisgarh

6. The Chief Executive Officer Janpad Panchayat Kota, District Bilaspur Chhattisgarh ---- Respondents For Petitioner :

Mr. Rajesh Kumar Kesharwani, Advocate For State :

Mr. Rahul Jha, G.A.

Hon'ble Shri Justice Goutam Bhaduri Order 16.06.2020

1. The limited grievance of the petitioner in the present writ petition is that the petitioner was earlier working in Janpad Panchayat, Gaurela and thereafter, he was transferred to Janpad Panchayat, Masturi vide order dated 21.10.2019. However, no vacant post was available at Janpad Panchayat Masturi, therefore, the payment was to be drawn from Janpad Panchayat Gaurela. It is further submitted that the

petitioner has been posted at Janpad Panchayat, Kota vide order dated 19/02/2020 (Annexure P/1). Since the petitioner has been transferred to Janpad Panchayat, Kota and presently he is working there, his Last Pay Certificate (LPC) has not been issued from Janpad Panchayat Gaurela and consequently he is not getting the salary. Therefore, the prayer is made that the service-book and the LPC of the petitioner be sent to Janpad Panchayat, Kota so that the petitioner may get the salary. It is also contended that under these circumstances, the petitioner has made a representation to the Chief Exeutive Officer, Jila Panchayat Bilaspur vide Annexure P/4 (a connected document), the same may be decided within a stipulated period of time.

2. Considering the submission made, Annexure P/1 shows that the petitioner has been transferred to Janpad Panchayat, Kota and as has been stated that the petitioner is working at Janpad Panchayat Kota then, in such case, the petitioner is entitled for the salary for the unpaid period. Consequently, the Chief Executive Officer, Jila Panchayat Bilaspur is directed to decide the representation of the petitioner within a period of 60 days from the date of receipt of copy of this order. The Jila Panchayat Bilaspur may also correspond with the Collector District Gaurela in the intervening period of decision of the representation, if it is required.

3. With the above observations/ directions, the writ petition finally stands disposed off.

Sd/- (Goutam Bhaduri) Judge Vishakha