Chief Executive Officer v. Ved Prakash Pandey

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Review Petition No. 286 of 2018 {Arising out of Order dated 02.11.2018 passed in Writ Appeal No. 191 of 2017 by the Hon'ble Division Bench} Chief Executive Officer Office of Zila Panchayat, In front Of District Court Bilaspur P.S. Civil Lines, Bilaspur, District Bilaspur Chhattisgarh ---- Applicant

Versus

1. Ved Prakash Pandey S/o Shri Bhukanlal Pandey, Aged About 42 Years R/o Vill. Deshwaripuram Pancham Colony, P.S. Pendra, Tahsil And Post Pendra, Civil And Revenue District Bilaspur Chhattisgarh.

2. State Of Chhattisgarh Through The Secretary, Panchayat And Rural Department, Mantralaya, Mahanadi Bhawan, P.S. Rakhi, New Raipur Chhattisgarh

3. Chairman, Backward Region Gramin Fund Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, P.S. Rakhi, New Raipur Chhattisgarh

4. Commissioner, O/o The Commissioner, Mungeli Naka, Bilaspur, P.S. Civil Lines, Bilaspur, District Bilaspur Chhattisgarh

5. Collector, O/o The Collectorate, P.S. Civil Lines, Bilaspur, District Bilaspur Chhattisgarh ---- Respondents For Applicant : Shri Prafull N Bharat, Advocate.

For Respondent No. 1 : None For Respondent/State : Shri Rahul Jha, Government Advocate. Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Parth Prateem Sahu, Judge Order on Board Per Ajay Kumar Tripathi, Chief Justice 22/01/2019 1.

The review application has been directed especially against what was recorded by the Division Bench in paragraph 7 of the order dated 02.11.2018.

2.

Learned counsel for the Applicant seems to be correct that so far as the payment of salary to be made from 06.01.2014 till the date of joining was

concerned, the Single Judge's direction was to file a representation for the same and which in turn was required to be decided within three months. 3.

It is clarified that the observation contained in paragraph 7 of the order under review in relation to payment of salary, the same will be subject to filing of a representation by the private Respondent before the competent authority who will be bound to decide the same within three months. Rest part of the order under review remains the same. 4.

So far as joining in service of the private Respondent is concerned, evidence thereof has been brought on record. Since there seems to be an error apparent in relation to the direction for payment of salary, the review application is allowed.

5.

The Chief Executive Officer, Zila Panchayat, Bilaspur will serve a copy of this order upon the private Respondent for his knowledge and the needful. Sd/- Sd/- (Ajay Kumar Tripathi) (Parth Prateem Sahu) CHIEF JUSTICE JUDGE Amit