Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:37581
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4015 of 2018 1 - Smt. Sangeeta Devdas W/o Shri Tarun Devdas Aged About 40 Years Assistant Teacher (Panchayat), Primary School, Bhatapara, Block - Charama, District North Bastar Kanker Chhattisgarh., District : Kanker, Chhattisgarh
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan, New Mantralaya, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Collector, District North Bastar Kanker Chhattisgarh., District : Kanker, Chhattisgarh 3 - The Chief Executive Officer, Jila Panchayat, District North Bastar Kanker Chhattisgarh., District : Kanker, Chhattisgarh 4 - The Chief Executive Officer, Janpad Panchayat, Janpad Charama, District North Bastar Kanker Chhattisgarh., District : Kanker, Chhattisgarh ---- Respondents For Petitioner : Mr. Tanmay Thomas, Advocate holding the brief of Mr. S.K. Thomas, Advocate For State : Mr. Topilal Bareth, PL For respondents No.3 & 4 : Mr. Anupam Dubey, Advocate Hon'ble Shri Justice
Rakesh Mohan Pandey
Order on Board 31.07.2025
1. Learned counsel for the petitioner submitted that the petitioner was posted on the post of Assistant Teacher at Government Primary School, Charama. He further submitted that her services were transferred from Charama to Koyalibeda vide order dated
31.10.2015. He also submitted that the transfer order was REKHA SINGH
-2- challenged by Smt. Tanuja Bhuarya and two other teachers by filing WP(S) No. 1273 of 2016 and the transfer orders in respect of similarly situated employees who were transferred from one Zila Panchayat to another were quashed vide order dated
23.12.2016. He further contended that the transfer order issued against the petitioner was also quashed and therefore, she could not join the services between November, 2015 to September,
2016. He also contended that similarly situated government servants have already been granted the salary for that period and the petitioner alone is left. He further argued that the issue involved in the present case has already been decided by the Coordinate Bench of this Court in WP(S) No. 2791 of 2017 vide
order dated 03.07.2017. He also argued that the authorities concerned / respondents No. 3 & 4 may be directed to consider the claim of the petitioner in light of the judgment passed in WP(S) No. 2791 of 2017.
2. On the other hand, learned counsels for the respondents would oppose the submissions made by counsel for the petitioner. They submitted that deliberately the petitioner did not join the services though she was transferred. They further submitted that the petitioner has no case and the petition deserves to be dismissed.
3. I have heard counsel appearing for the parties and perused the documents present on the record.
4. The issue involved in the present case is no more res integra. In WPS No. 2791 of 2017 (Ku. Girija Patel vs. State of Chhattisgarh and Ors.) where a similar issue was involved, the
3 Coordinate Bench allowed the petition and directed the respondents to grant consequential relief including wages to the government servants with effect from the date of transfer till the date they joined the services. This petition is squarely covered with the judgment passed in the matter of Ku. Girija Patel (supra), therefore, this petition is disposed of at this juncture, granting liberty to the petitioner to make a representation along with a copy of this order to respondents No. 3 & 4 and in turn, the authorities concerned are directed to consider the representation so made by the petitioner in an objective manner and pass an appropriate order preferably within a period of 45 days from the date of receipt of a copy of this order.
5. With the aforesaid observation(s), the petition is disposed of.
Sd/-
(Rakesh Mohan Pandey)
Judge Rekha