Rajesh Kumar Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3763 of 2017

1. Rajesh Kumar Sahu S/o Kodanddhar Sahu, Aged About 36 Years Presently Working As Assistant Teacher Panchayat, Govt. Primary School, Manikpur Chhote, Tahsil Baramkela, District Raigarh Chhattisgarh.

2. Anil Kumar Patel S/o Amiyprakash Patel Aged About 36 Years Presently Working As Assistant Teacher Panchayat, Govt. Primary School, Bahalidih, Tahsil Baramkela, District Raigarh Chhattisgarh.

3. Trinath Rana S/o Maniram Rana, Aged About 40 Years Presently Working As Assistant Teacher Panchayat, Govt. Primary School, Kasahipali, Tahsil Baramkela, District Raigarh Chhattisgarh.

4. Smt. Kamla Sarthi, W/o Narayan Sarthi, Aged About 29 Years Presently Working As Assistant Teacher Panchayat, Govt. Primary School, Bargaon, Tahsil Baramkela, District Raigarh Chhattisgarh.

5. Sushil Kumar Pradhan, S/o Late Chandramani Pradhan, Aged About 37 Years Presently Working As Assistant Teacher Panchayat, Primary School, Biswaspur, Tahsil Baramkela, District Raigarh Chhattisgarh.

6. Samelal Sidar S/o Tilak Ram Aged About 44 Years Presently Working As Assistant Teacher Panchayat, Govt. Primary School, Dipapara Salheona, Tahsil Baramkela, District Raigarh Chhattisgarh.

7. Sanat Kumar Sidar, S/o Shiv Prasad Sidar, Aged About 37 Years Presently Working As Assistant Teacher Panchayat, Primary School, Budbuda, Tahsil Baramkela, District Raigarh Chhattisgarh.

8. Vikas Kumar Bhagat S/o Bifnath Ram Bhagat, Aged About 31 Years Working As Assistant Teacher Panchayat, Govt. Primary School, Sukhapali, Block Baramkela, District Raigarh Chhattisgarh.

9. Sushant Sidar, S/o Govardhan Sidar, Aged About 27 Years Working As Assistant Teacher Panchayat, Govt. Primary School, Kosamdih, Block Baramkela, District Raigarh Chhattisgarh.

10.Kishor Kumar Behra, S/o Panchanan Behra, Aged About 26 Years Presently Working As Assistant Teacher Panchayat, Govt. Primary School, Sankra, Tahsil Baramkela, District Raigarh Chhattisgarh.

11.Minketan Sidar, S/o Kunjram Sidar, Aged About 31 Years Presently Working As Assistant Teacher Panchayat, Govt. Primary School, Kandurpali, Tahsil Baramkela, District Raigarh Chhattisgarh.

12.Rajan Kumar Choudhary, S/o Girdhari Lal Choudhary, Aged About 31 Years Presently Working As Assistant Teacher Panchayat, Govt. Primary School, Nachanpali, Tahsil Baramkela, District Raigarh Chhattisgarh.

13.Gopal Barik, S/o Samaru Barik, Aged About 45 Years Working As Assistant Teacher Panchayat, Govt. Primary School, Surajgarh, Block Baramkela, District Raigarh Chhattisgarh.

14.Shankar Prasad Mishra, S/o Jairam Mishra, Aged About 37 Years Presently Working As Assistant Teacher Panchayat, Govt. Primary School, Rebo, Tahsil Baramkela, District Raigarh Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Panchayat And Rural Welfare Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh.

2. Chief Executive Officer, Zila Panchayat, Raigarh, District Raigarh Chhattisgarh.

3. Chief Executive Officer, Janpad Panchayat, Baramkela, District Raigarh Chhattisgarh.

---- Respondents For Petitioners :

Shri CJK Rao, Advocate For Respondent/State :

Shri Chandresh Shrivastava, Panel Lawyer Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 16/08/2017 Heard.

1. Learned counsel for the petitioners submits that the issue involved in the present case is squarely covered by order dated 03.07.2017 passed in WPS No.2791 of 2017 in respect of similarly situated employee, whose transfer from the jurisdiction of one Zila Panchayat to other Zila Panchayat has been held to be without jurisdiction and illegal by this Court in WPS No.1273 of 2016 (Smt. Geeta Sukhdeve Vs. State of Chhattisgarh and others) and batch of petitions.

2. Learned counsel for the petitioners submits that one Ku. Girija Patel was also

one of the aggrieved employee like the petitioners had assailed the order of transfer from one Zila Panchayat to other Zila Panchayat, which was set aside by this Court. Later on, Ku. Girija Patel filed another petition WPS No.2791 of 2017 claiming that she is entitled to salary for the period it was not paid to her for non-joining pursuant to the impugned order of transfer. That petition has been allowed vide order dated 03.07.2017 with the direction to make payment of salary with effect from the date of transfer till the date of joining.

3. Learned State counsel could not dispute the legal position and that the case of the petitioners is similar to that of Ku. Girija Patel in whose favour, order has been passed by this Court on 03.07.2017. He, however, submits that it would require factual verification as to the date on which the petitioners joined duty.

4. In view of the aforesaid submission, I am inclined to allow this petition on the same terms as in the case of Ku. Girija Patel (WPS No.2791 of 2017) decided vide order dated 03.07.2017 and direct respondents to grant consequential relief including wages with effect from the date of transfer till the date, the petitioners joined their duty. Let necessary steps be taken in this regard within a period of 60 days from today.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha