Nand Kumar Harmukh v. State Govt. Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 9209 of 2019 • Nand Kumar Harmukh, S/o Late Shri Bhisam Lal Harmukh, Aged About 48 Years, Assistant Grade II, Janpad Panchayat, Gurur, District Balod Chhattisgarh.

---- Petitioner

Versus

1. State Govt. Of Chhattisgarh Through The Secretary Panchayat And Gramin Vikas Vibhag. Mahanadi Bhavan , Captial Complex Atal Nagar, Raipur, P.S. Rakhi New Raipur Chhattisgarh.

2. Chief Executive Officer District Panchayat Rajnandgaon Chhattisgarh.

3. Chief Executive Officer Janpad Panchayat Chhuikhaddan, District Rajnandgaon Chhattisgarh.

4. Chief Executive Officer Janpad Panchayat Gurur District Balod Chhattisgarh.

---- Respondents For Petitioner :

Shri Ajay Shrivastava, Advocate For Respondents/ State :

Shri Alok Bakshi, Additional Advocate General Hon'ble Shri Justice Goutam Bhaduri Order On Board 13/11/2019

1. Heard.

2. The grievance of the petitioner is that the petitioner was transferred vide order dated 14.08.2019 from Janpad Panchayat Chhuikhaddan to Janpad Panchayat Gurur pursuant thereto the petitioner has joined his new place of posting on 28.08.2019 (AnnexureP-7). It is contended that despite the fact that the petitioner has joined his new place of posting his service book and last pay certificate has not been sent and the petitioner is not getting his

salary. Learned counsel further submits that earlier to that, the petitioner has applied for medical leave for four months which too is not decided.

3. The grievance raised by the petitioner appears to as consequential official activity which otherwise is to be done by the government office. If one person is transferred from one place to another it is obvious that his service book and other documents should be sent to the transferred place so that the salary can be withdrawn from that place. The fact that earlier to the transfer the petitioner applied for medical leave for four months, that too needs to be decided and can not be kept in abeyance. Consequently, the respondents are directed to take a decision on the application of leave of the petitioner and thereafter shall sent the service record and last salary slip to the new place of posting wherein the petitioner has joined i.e. Janpad Panchayat Gurur within a period of two months from the date of receipt of a copy of this order.

4. Accordingly, the writ petition stands disposed of. Sd/- Goutam Bhaduri Judge Jyoti