Dr. Sudha Girish Pandey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3912 of 2020 • Dr. Sudha Girish Pandey W/o Dr. Girish Pandey Aged About 68 Years (Orthopedist), R/o Rajendra Nagar Chowk, Tahsil And District Bilaspur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Health And Family Welfare Department, Mahanadi Bhawan, Mantralaya, Naya Raipur Chhattisgarh.

2. The Dean Lakhiram Agrawal Smriti Medical College, Raigarh Chhattisgarh.

3. The Director Department Of Medical Education, Raipur Chhattisgarh.

4. The Superintendent Govt. Medical College Raigarh Chhattisgarh. ---- Respondents For Petitioner :

Mr. Ashok Kumar Shukla, Advocate For State :

Ms. Akansha Jain, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 06.10.2020

1. Heard

2. Learned counsel for the petitioner submits that the petitioner was appointed under the Chhattisgarh Civil Service Samvida Recruitment Rule, 2012 and after the appointment the petitioner has performed and attended her duties regularly and her presence is marked in the attendance register which is being maintained by

the Department. However, for the months of October and November 2016, the salary of the petitioner has not been paid. It is contended that the petitioner, therefore has made several representations and eventually a legal notice was tendered by Annexure P/4 dated 04.05.2020 and in response thereto, a Committee was formed by the Dean of Lakhiram Agrawal Smriti Medical College by Annexure P/5 to find out as to whether the petitioner has worked for the months of October and November 2016. Learned counsel further submits that the Committee was formed on 13.05.2020 and till date nothing has been transpired and the payment has also not been released.

3. Perused the documents. Perusal of the documents shows that the issue involved in this case pertains to non-payment of salary for the months of October and November 2016 to the petitioner and after service of the legal notice Annexure P/4 dated 04.05.2020, the Dean of Lakhiram Agrawal Smriti Medical College has formed a three Members' Committee to find out the attendance of the petitioner for the months of October and November 2016. Since the committee has already been formed and the petitioner though have filed the copy of the attendance register by Annexure P/2, it is directed that let the Committee, as formed by Annexure P/5 on 13.05.2020, to examine the case of the petitioner and finally decide the same within a period of 30 days from the date of receipt of copy of this order. Thereafter, if it is found that the petitioner is entitled for

payment of the months of October and November 2016, then the salary may be released as early as possible.

4. With the above direction/ observation, the writ petition stands disposed off.

Sd/- (Goutam Bhaduri) Judge Vishakha