Atul Raj Pegwar (A.R. Pegwar) v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4599 of 2021

1. Atul Raj Pegwar (A.R. Pegwar) S/o Shri O.J. Pegwar Aged About 55 Years R/o House No. 315, In Front Of Nagdaune Floor Mill, Magarpara, Bilaspur , Police Station Civil Line Bilaspur , District Bilaspur Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Public Works Department, Mahanadi Bhawan, New Raipur Chhattisgarh.

2. The Engineer In Chief Public Works Department, Mahanadi Bhawan, New Raipur Chhattisgarh.

3. The Executive Engineer Public Works Department, Division Korba, District Korba Chhattisgarh.

----Respondents For Petitioner :

Shri Rish Rahul Soni, Advocate For State :

Ms. Abhyunnati Singh, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 02.09.2021

1. The grievance of the petitioner in the present writ petition seems to be non-granting of the salary to the petitioner beyond March 2021 onwards.

2. The dispute arose on account of the petitioner being transferred from

Korba to Raipur and another officer being brought at the place where the petitioner was working at Korba. The petitioner had initially filed WP(S) No. 3900 of 2020 which finally got dismissed on 04.03.2021. Subsequently, the petitioner again preferred a writ appeal i.e. W.A. No. 116 of 2021, the Writ Appeal also stood disposed of on 07.04.2021 granting the relief of approaching the respondents by way of a representation for resolving the grievance of the petitioner. There was also an order of status quo passed by the Division Bench on 07.04.2021. Based on the order of Status quo, the petitioner is claiming to have been permitted to continue at Korba, whereas the petitioner fairly concedes that the reliever of the petitioner had already assumed his duties and was discharging the work which was earlier being discharged by the petitioner. It has been further revealed that the representation preferred by the petitioner against the order of transfer is still pending consideration before the respondent No. 1.

3. It is the further contention of the petitioner that till date he has also not been duly relieved nor any relieving order has been duly served upon the petitioner till date. Thereby by virtue of the order of Status quo by the Division Bench, he would continue to remain at Korba. The contentions which the petitioner has raised are all matter of evidence and has to be duly verified from the records available in the office. These are not facts which can be tested under the writ jurisdiction of this Court therefore in the opinion of this Court, the writ petition at this juncture can be disposed of directing the respondents No. 1 & 2 for redressal of his grievance both in-respect-of the alleged order of transfer of the petitioner from Korba to Raipur and also in-respect of

non-releasing of the salary to the petitioner from March 2021 onwards. Subject to the petitioner approaching the respondents No. 1 & 2, the authorities are expected to take a decision within a period of 60 days from the date of receipt of copy of this order.

4. The writ petition accordingly stands disposed of. Sd/- P. Sam Koshy Judge J-