← Library
High Court Of ChhattisgarhWPS/10120/2019disposed off

Smt. Satya Chelkar v. State Of Chhattisgarh

2019-12-04Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 10120 of 2019 • Smt. Satya Chelkar, W/o Shri Manish Chelkar, Aged About 30 Years, R/o C/o J.P. Dheeraj, Nagar Nigam Colony, Bhartiya Nagar, Bilaspur, DistrictBilaspur, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Under Secretary, Urban Administration And Development Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, Chhattisgarh.

2. The Commissioner Municipal Corporation, Bilaspur, District- Bilaspur, Chhattisgarh.

3. The Collector Bilaspur, District- Bilaspur, Chhattisgarh.

4. The Chief Municipal Officer Nagar Panchayat, Tifra, District- Bilaspur, Chhattisgarh.

---- Respondents For Petitioner :

Shri KK Pandey, Advocate For Respondents/State :

Shri Kapil Maini, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board 04/12/2019

1. Heard.

2. The grievance of the petitioner is that the petitioner has been transferred from Government Girls Higher Secondary School, Gobranawapara, District Raipur to Tifra School. It is stated that the petitioner was relieved on 16.09.2019. Subsequently, she gave her joining on 18.09.2019. However, the charge has not been given to the petitioner.

3. Prima facie, the document would show that in compliance to the transfer order, the petitioner was relieved thereafter gave her joining to the transferred place. Whether any work is taken from from the petitioner or not, it is the respondent No.2 who is to decide the same. This Court in the writ jurisdiction cannot direct to avail a particular work/job from the particular employee of an institution. Prima facie, no dereliction of duty appears on the part of the petitioner, instead it appears that the petitioner has complied the transfer order and has given the joining and since the petitioner has given the joining at the transferred place, irrespective of the fact whether the petitioner is assigned any work or not, it is directed that the salary and the other emoluments payable to the petitioner shall be duly paid without any obstruction.

4. With the aforesaid observation, the writ petition stands disposed of.

Sd/- Goutam Bhaduri Judge Jyoti