Jagatguru Shikshan And Samaj Kalyan Samiti v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (C) NO. 4623 OF Jagatguru Shikshan and Samaj Kalyan Samiti, through its President, Laxmi Prasad Yadav, S/o Leeladhar Yadav, aged about 40 years, R/o Lodhipara, Sarkanda, District Bilaspur (CG) ... Petitioner versus 1.

State of Chhattisgarh, through the Principal Secretary, Skill Development, Technical Education and Employment Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur (CG) 2.

The Chief Executive Officer, Chhattisgarh State Skill Development Agency, Raipur (CG) 3.

The Collector cum Chairman, Skill Development Agency, District Mungeli (CG) 4.

The Assistant Director, District Skill Development Agency, District Mungeli (CG) 5.

The Union of India, through its Secretary, Ministry of Labour, Directorate General of Employment and Training, New Delhi. ... Respondents For Petitioner :

Mr. H.S. Patel, Advocate For Respondents/State :

Mr. Jitendra Pali, Dy. Advocate General.

For Respondent/UOI :

Mr. Raj Kumar Gupta, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 17/12/2019 1.

The present writ petition has been filed by the petitioner seeking for an appropriate writ/direction to the respondents to forthwith release the bills submitted by the petitioner towards the payment and other expenses incurred by them in the course of imparting training of skill development under the 'Mukhyamantri Kaushal Vikas Yojna'.

2.

According to the petitioner, they were also selected as an agency to impart training under the 'Mukhyamantri Kaushal Vikas Yojna' and they successfully imparted training to the large number of trainees and the examinations were also conducted. That, in terms of the agreement, the petitioner had submitted their bills regularly, however, only part payment has been made to the petitioner. Thereafter, the respondents have neither considered the claim of the petitioner nor have they cleared any of their pending bills. The petitioner has also made several representations in this regard which too have till date not been decided by the concerned authorities.

3.

The counsel appearing for the respondents on the contrary submits that the payments claimed by the petitioner can only be released after due verification of facts as regards imparting of training and the number of trainees who have undertaken the training etc., and the petitioner's representations that they have made would be considered on its merits in accordance with law. 4.

Given the said submission by the counsel appearing for the respondents, this Court is of the opinion that ends of justice would meet if the present writ petition itself is disposed of with a direction to respondents no. 2 to 5 to consider the representations so far as the release of the unpaid bills are concerned which the petitioner has raised pursuant to the agreement with the respondents against the training which the petitioner has imparted to the trainees under the 'Mukhyamantri Kaushal Vikas Yojna'.

5.

In the event, if the petitioner is found entitled for any dues, the same be immediately processed and released. However, in case, if the authorities find that the petitioner is not entitled for the claim that they have put forth, the respondents should decide the representations of the petitioner by a speaking order giving reasons as to why they are not entitled for the same. 6.

Let this exercise be completed at the earliest, preferably within a period of four months from the date of receipt of certified copy of this order. 7.

With the aforesaid observations, the present writ petition stands disposed of. Sd/Sd Sd/- (P. Sam Koshy) Judge /sharad/

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 338 of 2020

1. Jagatguru Shikshan and Samaj Kalyan Samiti, Bearing Registration No. 422070027 Under Skill Development Initiative Scheme (SDIS) Through Its President-Laxmi Prasad Yadav, S/o Leeladhar Yadav, Aged About 40 Years, R/o Lodhipara, Sarkanda, District : Bilaspur, Chhattisgarh ---- Applicant

Versus

1. State of Chhattisgarh Through The Principal Secretary, Skill Development, Technical Education And Employment Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Mantralaya, Nawa Raipur, District : Raipur, Chhattisgarh

2. The Chief Executive Officer, Chhattisgarh State Skill Development Agency, Raipur, District : Raipur, Chhattisgarh

3. The Collector-Cum-Chairman, District- Skill Development Agency, District : Mungeli, Chhattisgarh

4. The Assistant Director, District Skill Development Agency, District : Mungeli, Chhattisgarh

5. The Union of India Through Its Secretary, Ministry of Labour, Directorate General of Employment and Training, New Delhi -----Respondents For Applicant : Mr. H.S. Patel, Advocate For State : Mr. Jitendra Pali, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 24.06.2020

1. The present MCC has been filed for modification of the clerical error that occurred in the writ petition, which was disposed off on 17.12.2019 passed in WP(C) No. 4623 of 2019.

2. The modification sought for is to the extent that in-respect-of scheme

-2under which the petitioners were claiming the money was wrongly mentioned as "Mukhyamantri Kaushal Vikas Yojna" whereas it ought to have been "Skill Development Initiative Scheme (S.D.I.S.)".

3. The modification sought for by the counsel for the applicant is not opposed by the State counsel.

4. Accordingly, the present MCC stands allowed and in the Order dated 17.12.2019 passed in WP(C) No. 4623 of 2019 in paragraph nos. 1, 2 and 4 wherever "Mukhyamantri Kaushal Vikas Yojna" is mentioned, it shall be read as "Skill Development Initiative Scheme (S.D.I.S.) with Registration No. 422070027".

5. The present MCC, accordingly stands allowed and disposed off. Let a copy of this Order be made a part of record in WP(C) No. 4623 of 2019.

Sd/- (P. Sam Koshy) Judge Rahul