Daleshwar Patel v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5422 of 2017
1. Daleshwar Patel S/o Shri Amrit Lal Patel Aged About 28 Years Presently Working As Assistant Teacher ( Panchayat ) At Govt. Primary School, Jogideepa, Janpad Panchyat Sarangarh District Raigarh Chhattisgarh
2. Ramkishore Patel S/o Shri Dashrathi Patel Aged About 26 Years Presently Working As Assistant Teacher ( Panchayat) At Govt. Primary School, Sonadula, Janpad Panchyat Sarangarh, District Raigarh Chhattisgarh R/o Village & Post Jatri Tahsil & P. S. Pussour District Raigarh Chhattisgarh
3. Ghanshyam Patel S/o Shri Samay Lal Patel Aged About 24 Years Presently Working As Assistant Teacher ( Panchayat ) At Govt. Primary School, Nawapara ( Mand ), Janpad Pandhyat Pusour, District Raigarh Chhattisgarh
4. Smt. Kusumlata Patel W/o Shri Tarachand Patel, Aged About 27 Years Presently Working As Assistant Teacher ( Panchayat ) At Govt. Primary School Nayapara Mand Pusour, Janpad Pandhyat, Pusour, District Raigarh, R/o Village Sodekela, Post Salhe, Tahsil Dabhra District Janjgir Champa Chhattisgarh
5. Smt. Pushpalata Patel, W/o Shri Gourishankar Patel Aged About 31 Years Presently Working As Assistant Teacher ( Panchayat ), At Govt. Primary School, Nandeli, Janpad Panchyat Pusour, District Raigarh R/o Salhepali Tahsil And District Raigarh Chhattisgarh
6. Smt. Prema Patel W/o Shri Tirthanand Patel Aged About 26 Years Presently Working As Assistant Teacher ( Panchayat ), At Govt. Primary School Dongitarai, Block Raigarh District Raigarh R/o Village Usrout, Tahsil And District Raigarh Chhattisgarh ---- Petitioners
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 Sarangarh / Pusour / Raigarh District Raigarh Chhattisgarh ---- Respondents For Petitioners :
Shri R.S. Patel, Advocate For Respondent/State :
Shri Chandresh Shrivastava, Panel Lawyer
Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 12/10/2017 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 petitioner 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