Ram Sevak Gupta v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4843 of 2019

1. Ram Sevak Gupta S/o Devsharan Sao Aged About 54 Years R/o Petrol Pump Para, Ward No. 02, Ramanujganj, District Balrampur-Ramanujganj Chhattisgarh

2. Naresh Kumar Thakur S/o Shri Shiv Chand Thakur Aged About 56 Years R/o Ramji Sharma Gali, Ward No. 01, Ramanujganj, District BalrampurRamanujganj Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanandi Bhawan, Atal Nagar, District Raipur Chhattisgarh

2. The Collector And Director District Mission, Rajiv Gandhi Shiksha Mission, Balrampur-Ramanujganj, District Balrampur-Ramanujganj Chhattisgarh

3. Chief Executive Officer Evam Jila Pariyojna Sanchalak Rajiv Gandhi Shiksha Mission, Balrampur-Ramanujganj, District BalrampurRamanujganj Chhattisgarh

4. District Education Officer Cum District Project Co-Coordinator Rajiv Gandhi Shiksha Mission, Balrampur-Ramanujganj, District BalrampurRamanujganj Chhattisgarh ---Respondents For Petitioner :

Shri Dashrath Kushwaha, Advocate.

For State :

Shri Sameer Behar, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 02/07/2019

1. The limited relief that the petitioners have sought for in the present writ petition is for an appropriate direction to the respondents to grant the salary of the petitioners for the period between 01.06.2018 to 12.09.2018.

2. According to the petitioners, they have discharged their duties as Sahayak Pariyojna Samanvayak. The petitioners were on deputation during the said period under the respondents. According to the

-2petitioners, they are substantially holding the post of Head Master but on deputation they have discharged duties as aforementioned.

3. However, the petitioner have not been paid the salary for the said intervening period of 01.06.2018 to 12.09.2018. The petitioner refered to Annexure P/1 which is a correspondence dated 28.11.2018 passed by the respondent No. 1 to the respondent No. 4 ensuring that the salary part should be released to persons who were sent on deputation in Rajiv Gandhi Shiksha Mission.

4. Given the aforesaid factual matrix of the case, this Court is of the opinion that in the light of the correspondence Annexure P/1 dated 28.11.2018 nothing further remains to be adjudicated upon rather ends of justice would meet, if the respondent No. 4 is directed to ensure that the directions of the respondent No. 1 as per Annexure P/1 is complied with at the earliest and subject to verification of the fact as to whether the petitioners have infact worked during the intervening period as Sahayk Pariyojna Samanvayak or not. The respondent No. 4 shall ensure releasing the salary/wages to the petitioners at the earliest preferably within a period of three months from the date of receipt of copy of this order.

5. Accordingly, the writ petition stands disposed off. Sd/- (P. Sam Koshy) Judge Jyotijha