Arvind Kumar Pandey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.315 of 2017 • Arvind Kumar Pandey S/o Shri Rajiv Lochan, Aged About 49 Years R/o Village & Post Khadgwan, Tahsil & District Korba, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Home Department, Mantralaya, Naya Raipur, District Raipur, (Chhattisgarh)

2. Director General Of Police, Police Headquar Chhattisgarh, Raipur, District Raipur, (Chhattisgarh)

3. Commandant, V Il Battalion, Chhattisgarh Armed Forces, 33, Bhilai, District Durg (Chhattisgarh) ---- Respondents For Petitioner :

Shri Mateen Siddiqui, Advocate For Respondent/State:

Shri Satish Gupta, GA Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 12/07/2017 Grievance of the petitioner is that after the order was passed by the Division Bench of this Court on 15-01-2015 in Writ Appeal No.967 of 2012, the respondents have not granted backwages and impugned order has been passed. 2.

After going through the records of the case, it is found that the petitioner did not submit any representation in exercise of liberty granted to him vide order dated 15-01-2015. Therefore, in these circumstances, the petitioner is not legitimate in claiming backwages in the second round of litigation. The authority have not granted backwages obviously for the reason that the petitioner did not submit any representation during the period he was out of employment, and therefore, there was no occasion for the authority to take any steps in that regard by holding enquiry. 3.

In these circumstances, this writ petition is finally disposed off. The petitioner

may approach to the respondent authority by submitting representation as directed by this Court in order dated 15-01-2015 and thereafter, the authority shall take appropriate decision as per direction in the aforesaid judgment. SD/- (Manindra Mohan Shrivastava) Judge Tumane