1 / 4 2025:CGHC:35777 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8449 of 2025 1 - Arun Kumar Soni S/o Late Suraj Prasad Soni Aged About 52 Years Working As Assistant Teacher, Primary School, Baigapara Kot, Block - Mainpat, District - Surguja (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District - Raipur (C.G.) 2 - The Commissioner Surguja Division, Ambikapur Pratappur Road, Village - Sargawan, District - Surguja (C.G.) 3 - The Divisional Joint Director Education Division Ambikapur, District - Surguja (C.G.) 4 - The District Education Officer District - Surguja (C.G.) 5 - The Block Education Officer Mainpat, District - Surguja (C.G.) ---- Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. Arun Kumar Shukla, Advocate For Respondent(s)/State : Mr. Sabyasachi Choubey, Panel Lawyer Hon'ble Shri Justice R avindra Kumar Agrawal Order on Board 24/07/2025 1. The petitioner has filed the present writ petition for a direction to the respondent authorities for release of unpaid salary to the petitioner VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.08.20 11:31:57 +0530 2 / 4 and to take a decision on his pending representation dated 12.01.2024 and prayed the following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ/ order, thereby directing the respondent authorities to forthwith release unpaid back salary to the petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent no. 3 to consider and decide the representation of petitioner for amending the order dated 12.01.2024 in respect of place of posting of petitioner. 10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.” 2. Learned counsel for the petitioner would submit that, vide order dated 12.07.2019 the petitioner was transferred from Primary School, Baigapara Kot, Block Mainpat to Primary School, Nagakhar, Block Mainpat. Since the petitioner had not joined at Primary School, Nagakhar, he was placed under suspension vide order dated 22.01.2022 and a departmental enquiry was initiated against him and after completion of departmental enquiry a report was submitted by the inquiry officer before the respondent No.3. Considering the inquiry report, the respondent No.3 had passed an order on 12.01.2024 and imposed penalty of withholding of one advance increment with non- cumulative effect and has directed that the suspension period of the petitioner shall be treated as service period for all purposes. The 3 / 4 petitioner was remained suspended from 22.01.2022 to 12.01.2024 and his subsistence allowance have also not been paid to him between that period. He made his representation on 12.01.2024 for release of his unpaid salary and for amendment of his place of posting. On 14.03.2024, the respondent No.2 has directed the respondent No.3 to take a decision on the representation of the petitioner, but till date no decision has been taken by the respondent No.3, therefore, the respondent No.3 may be directed to take a decision on the pending representation of the petitioner and to pay the withheld salary. 3. On the other hand, learned counsel appearing for the State, though opposes on merits of the case, however, he would have no objection, if a direction is being given to the respondent No.3 to take a decision on the pending representation of the petitioner in accordance with law. 4. I have heard learned counsel for the parties and perused the documents annexed with the petition. 5. It is undisputed facts in the present case that the petitioner was placed under suspension on 22.01.2022 and an order of penalty has been passed by the respondent No.3 on 12.01.2024 imposing the penalty of withholding one advance increment with non-cumulative effect and the period of suspension is treated as service period for all purposes. By the order dated 12.01.2024, the petitioner has been posted at Govt. Primary School, Gangjhar, Block Mainpat. From perusal of the letter dated 14.03.2024 (Annexure P/3), it transpires that the petitioner has made his representation on 27.02.2024 for change of his place of posting. Further, on 05.09.2024 another representation has been 4 / 4 made by him to the respondent No.2 and on 03.01.2025 and 22.05.2025, he made reminder representations to the authorities concerned. In the subsequent representation, the petitioner has claimed the change of his place of posting as well as the payment of his withheld salary, which was in between the period of his suspension, which is still pending before the respondent No.3. 6. Considering the issue involved in the present writ petition and the limited submissions made by learned counsel for the petitioner, without observing anything on merits, the present writ petition is disposed of directing the respondent No.3 to take a decision on the pending representation of the petitioner dated 03.01.2025 in view of the order dated 12.01.2024 and also in accordance with the applicable rules and circulars governing the field within the further period of 90 days from the date of receipt of a copy of this order. 7. The petitioner is directed to produce a copy of this order within two weeks from the date of receipt of a copy of this order to the respondent No.3. 8. With the aforesaid observations, the present writ petition is disposed of. Sd/- (Ravindra Kumar Agrawal) Judge ved