High Court Of ChhattisgarhWPS/10113/2019disposed off

Smt. Bhagwati Mishra v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 10113 of 2019 • Smt. Bhagwati Mishra W/o Shri Ritesh Mishra Aged About 32 Years R/o Goutam Vihar, Phase- II, Maharshi Road, Mangla, Bilaspur, District- Bilaspur, 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, Sakri, District- Bilaspur, Chhattisgarh ---- Respondents For Petitioner :

Shri KK Pandey, Advocate For Respondents/State :

Shri Avinash Singh, 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 Multipurpose Higher Secondary School, Rajnandgaon to Nagar Panchayat, Sakari School, which is under Bilaspur. It is stated that the petitioner was relieved on 16.09.2019 by the Commissioner, Nagar Palik Nigam, Rajnandgaon. Subsequently, she gave her joining to the Commissioner, Nagar Palika Nigam, Bilaspur, however, the charge of work has

not been given to the petitioner.

3. Prima facie, the document would show that in compliance of the transfer order, the petitioner was relieved thereafter gave her joining to the transferred place. Whether any work is to be taken from the petitioner or not, it is for the respondent No.2 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 expected that the salary and the other emoluments payable to the petitioner shall be duly paid without any delay or obstruction.

4. With the aforesaid observation, the writ petition stands disposed of. Sd/- Goutam Bhaduri Judge Ashu