Kiran Gupta v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 4681 of 2018 Kiran Gupta W/o Shri Subhas Gupta, Aged About 41 Years Presently Working As Teacher, Shishu Kendra, Belpara Korandha, Block Pratappur, District Surajpur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Women And Child Development, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh

2. State Of Chhattisgarh, Through The Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh

3. District Women And Child Development Officer, Surajpur, District Surajpur, Chhattisgarh

4. District Education Officer, Surajpur, District Surajpur, Chhattisgarh ---- Respondents For Petitioner :

Shri Sudeep Agrawal, Advocate For State :

Shri Chandresh Shrivastava, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 24.10.2018 The limited prayer which the petitioner has made in the present writ petition is for a direction to the respondents for releasing the salary/honorarium payable to the petitioner since March, 2016 onwards. 2.

Counsel for the petitioner submits that for the last more than 2 1⁄2

years, the petitioner has not been paid the amount of Rs.400/- per month which the petitioner was receiving as honorarium in the past in spite of the fact that the petitioner has been continuously discharging her duties. He submits that the honorarium perhaps was not released on account of the inter se dispute between the Department of Human and Child Development under the State of Chhattisgarh and the School Education Department. 3.

The reply submitted by the State particularly paragraph-5 for ready reference is being quoted hereinunder:

"5. Therefore, the department of Women and child Development is not authorized to make payment of the petitioner's outstanding dues as the same has to be made by the department of School Education."

4.

From the aforesaid reply it reveals that the State Govt. itself has in very categorical term accepted the fact that the liability of payment of salary/honorarium to the petitioner would be upon the School Education Department.

5.

Given the said stand taken by the State Govt. in their return this Court is of the opinion that nothing further remains to be adjudicated upon in the present case and ends of justice would meet if the writ petition is disposed of directing respondents 2 & 4 to ensure that the salary/honorarium payable to the petitioner from the time that it has not been paid to him be released at the earliest preferably within a period of 3 months from the date of receipt of certified copy of this order.

6.

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