High Court Of ChhattisgarhWPS/5408/2017disposed off

Gopi Krishna Soni v. State Of Chhattisgarh

2017-11-16Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5408 of 2017

1. Gopi Krishna Soni S/o Shri Mahadev Soni, Aged About 38 Years Presently Working As Assistant Teacher Panchayat, Govt. Primary School Parsatola, Block Pandariya, District Kabirdham Chhattisgarh

2. Bhanwar Singh Baiga ( Dhurve ) S/o Shri Dhaniram Baiga Aged About 32 Years Presently Working As Assistant Teacher Panchayat, Govt. Primary School, Parsatola, Block Pandariya District Kabirdham 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, Janpad Panchayat, Pandariya, District Kabirdham Chhattisgarh

3. Block Education Officer, Pandariya, District Kabirdham Chhattisgarh

4. Head Master, Govt. Primary School, Parsatola, Block Pandariya, District Kabirdham Chhattisgarh

5. Sarpanch, Gram Panchayat Neour, Block Pandariya, District Kabirdham Chhattisgarh ---- Respondent For Petitioner Mr. CJK Rao, Advocate For Respondent/State Mr. Adhiraj Surana, Dy. GA Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 16/11/2017

1. Heard.

2. Learned counsel for the petitioners would submit that the petitioners are working as Assistant Teacher Panchayat, however, they are not paid the salary from August 2017 onwards for the reason that the concerned Sapranch is not approving the pay bills, because, the petitioners have sour relations with the said Sarpanch.

3. On due consideration, it is deemed appropriate that the petition be disposed of with direction that the BEO, Janpad Panchayat, Pandariya, shall decide the petitioners' request for payment of salary within a period of 04 weeks from today.

4. It is ordered accordingly.

5. If it is found that the BEO has wrongly withheld the salary, the competent authority in relation to the BEO shall proceed appropriately against him or if it is found that the Sarpanch has acted malafidely by not approving the pay bills, the prescribed authority in relation to the Sarpanch may initiate proceedings for his removal under Section 40 of the C.G. Panchayat Raj Adhiiyam, 1993. Sd/- Judge (Prashant Kumar Mishra) Shyna