Extracted from the PDF above. The PDF is authoritative.
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NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3131 of 2017 1 - Manjeet Singh Bhatia S/o Shri Guruvachan Bhatia Aged About 45 Years R/o Ward No. 15, Qt. No. 1, Simga, District- Baloda Bazar- Bhatapara, Chhattisgarh, Chhattisgarh
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, New Raipur, Police Station Rakhi, District- Raipur, Chhattisgarh, Chhattisgarh 2 - The Secretary, Panchayat Avam Gramin Vikash Department, Mantrayalaya, Mahanadi Bhawan, New Raipur, District- Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 3 - Sanchalak Lok Sikshan Sanchanalaya, Lok Shikshan Chhattisgarh, Indrawati Bhawan, New Raipur, District- Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 4 - Sanchalak, Panchayat Sanchanalaya Lok Shikshan Chhattisgarh, Indrawati Bhawan, New Raipur, District- Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 5 - District Education Officer, Baloda Bazar, District- Baloda Bazar- Bhatapara, Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh 6 - Block Education Officer, Block Simga, District- Baloda Bazar- Bhatapara, Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh 7 - Chief Municipal Officer, Nagar Panchayat Simga, District- Baloda Bazar- Bhatapara, Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh 8 - Pradhan Pathak, Government Baal Mitra School, Tihupara, Simga, District- Baloda Bazar-Bhatapara, Chhattisgarh, District : Balodabazar- Bhathapara, Chhattisgarh ---- Respondents For Petitioner : Mr. Utkarsh Patel, Advocate holding the brief
-2- of Mr. P.K. Patel, Advocate For State : Mr. Shubham Bajpayee, Panel Lawyer For Respondent No.7 : Mr. Rahul Pathak, Advocate holding the brief of Mr. Awadh Tripathi, Advocate Hon'ble Shri Justice
Rakesh Mohan Pandey
Order on Board 04.08.2025
1. The petitioner has filed this petition seeking the following relief(s):-
“10.1 That, this Hon'ble Court may kindly call for the entire record in relates to the case of the petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to issued a writ or writs / order / or orders to quash the order / letter dated 20.01.2017 (Annexure P/1) issued by the District Education Officer, Baloda Bazar-Bhatapara and directed to the respondent's authorities, to paid the honorarium for the period from 01.04.2003 to 2005, in the interest of justice.10.3 That, any other relief, this Hon'ble Court deem fit and proper may also kindly be granted to the petitioner, in the interest of justice.”
2. Mr. Patel, the learned counsel appearing for the petitioner, would submit that the petitioner worked on the post of Teacher at Tihupara Primary School, Simga, and he was being paid honorarium. He would further submit that the experience certificates were issued by the Chief Municipal Officer, Nagar Panchayat, Simga and the Headmaster of Primary School Tihupara Simga, but the respondents failed to make payment of honorarium for the period from 01.04.2003 to 2005. He would contend that WPS No.6219 of 2016 was filed, and a direction was issued to the District Education Officer to look into the matter and take an appropriate decision within a period of four weeks.
3 He would further contend that the District Education Officer vide
order dated 20.01.2017 rejected the representation made by the petitioner on the ground that the petitioner was never appointed as a Teacher at Tihupara Primary School, Simga. He would also contend that the experience certificates issued by the Chief Municipal Officer, Nagar Panchayat Simga and the Head Master of Primary School Tihupara Simga would show that the petitioner worked there from 2002 to 2005. He would also contend that a direction may be issued to the respondent authorities to make payment of honorarium to the petitioner. He would further state that the order dated 20.01.2017 may also be quashed.
3. On the other hand, learned counsel appearing for the respondents would oppose. He would submit that the petitioner has not placed the order of appointment and the amount of honorarium or wages payable to the petitioner. He would further submit that the order of discontinuation from services has also not been placed on the record. He would also submit that the petition deserves to be dismissed.
4. Heard the learned counsel appearing for the parties and perused the documents placed on the record.
5. A perusal of the documents filed by the petitioner would show that only two experience certificates have been placed on the record; one issued by the Chief Municipal Officer, Nagar Panchayat Simga dated 14.05.2004 and another issued by the Head Master of Primary School Tihupara, Simga dated 29.04.2005 and according to both certificates, the petitioner
-4- worked on the post of Teacher in the primary school from 12.09.1997 to 2004.
6. The petitioner has not placed the order of appointment to demonstrate that he was appointed on a particular date in a particular school. The wages/honorarium payable to the petitioner is also not mentioned in any of the documents. The representation made by the petitioner was duly examined by the District Education Officer, Balodabazar-Bhatapara and was rejected vide order dated 20.01.2017. The authority concerned has recorded findings that in the absence of the order of appointment, no direction can be issued to the respondent authorities to make payment of wages or honorarium.
7. Taking into consideration the above-discussed facts, I do not find any good ground to interfere with the order passed by the District Education Officer, Balodabazar-Bhatapara, dated 20.01.2017. Thus, this petition fails and is hereby dismissed. No cost(s).
Sd/-
(Rakesh Mohan Pandey)
Judge Rekha