Anjan Kumar Sharma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8283 of 2018 Anjan Kumar Sharma S/o Shri Tukaru Prasad Tiwari Aged About 66 Years R/o T V Tower Ward No. 10, Bairag Para, Pandariya, Civil And Revenue District- Kabirdham, Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Naya Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. Collector Bilaspur, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

3. Chief Executive Officer Janpad Panchayat, Takhatpur, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

4. Joint Director Panchayat And Social Welfare, Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondents For petitioner :

Mr. Sanjay Pathak Advocate.

For State :

Mr. Chandresh Shrivastava,PL Hon'ble Shri Justice P. Sam Koshy Order on Board 13/12/2018 1.

The limited grievance which the petitioner has raised in the present writ petition is the non granting of the arrears of salary amounting to Rs.1,19,128 payable for the period between April, 1999 to October, 2012. 2.

According to the petitioner the said amount has already been quantified by the department for its release but for reasons best known, the petitioner has till date not been paid the said amount by the respondents. He further submits that the document Annexure P-3 shows that the calculation part done and there does not seem to be any reason why it is not being released. The State counsel also was of the view that it has to be verified whether it has been paid or not. 3.

Given the nature of dispute, this Court is of the opinion no fruitful purpose would be served in keeping the writ petition pending rather ends of justice would meet if the petition is disposed off with a direction to respondent No. 3 to

scrutinize the claim of the petitioner so far as the grant of arrears of salary for the period mentioned above whether it has been paid or not. In case, if it has not been paid, it is ordered that the said amount be forthwith released to the petitioner with interest at rate of 7.5% per annum till the actual payment is made. Let this exercise be completed within a period of 60 days from the date of communication of the order. It shall be the responsibility of the petitioner to communicate to respondent No.3 so far as the order passed by this Court is concerned. 4.

Accordingly, the writ petition stands disposed off. Sd/- (P. Sam Koshy) Rohit JUDGE