Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:12124
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1545 of 2025 Smt. Nandini Ghritlahre Wd/o. Dilip Kumar Ghritlahre Aged About 35 Years, Presently working as Assistant Teacher (Panchayat) at Government Primary School, Chhatauna (Mandir Hasaud), Block Arang, District- Raipur (C.G.)
... Petitioner versus 1 - State of Chhattisgarh Through- The Secretary, Department of Panchayat and Rural Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 2 - Commissioner-Cum-Director Directorate of Panchayat, Atal Nagar Nawa Raipur, District- Raipur (C.G.) 3 - District Education Officer, Raipur, District- Raipur (C.G.) 4 - Block Education Officer Arang, District- Raipur (C.G.) 5 - Chief Executive Officer, Zila Panchayat, Raipur, District- Raipur (C.G.) 6 - Chief Executive Officer, Janpad Panchayat, Arang, District- Raipur (C.G.)
... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Govind Prasad Dewangan, Advocate For Respondents-State : Ms. Poorva Tiwari, Panel Lawyer Hon’ble Shri Amitendra Kishore Prasad, Judge
Order on Board 11.03.2025
1. Heard Mr. Govind Prasad Dewangan, learned counsel for the petitioner as well as Ms. Poorva Tiwari, learned Panel Lawyer appearing for the State/respondents. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.03.18 09:59:36 +0530
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2. The petitioner has filed this writ petition with the following relief(s):-
“10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records in relates to the case of the petitioner from the possession of respondents for its kind perusal. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent no.2 to consider the case of the petitioner for grant of salary which is outstanding from the month of January 2024 to till date and further be pleased to direct the respondent no.2 to allot the funds for payment of the salary of the petitioner within a period 15 days. 10.3 That, this Hon'ble Court may kindly be pleased to grant any other relief/relief's in favour of the petitioners, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner.”
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Brief facts of the case, are that, the petitioner is presently working on the post of Assistant Teacher (Panchayat) under the Department of Panchayat and is presently posted at Government
3 Primary School, Chhatauna (Mandir Hasaud), Block Arang, District Raipur (C.G.). The petitioner is discharging her duty with utter sincerity to the satisfaction of her higher authority. The petitioner was initially appointed on the post of Shiksha Karmi Grade -3 by the Chief Executive Officer, Janpad Panchayat, Gurur, District Durg (C.G.) vide order dated 12.07.2008. The petitioner joined her service in pursuance of the said appointment
order issued in her favour.
4. It is the case of the petitioner that she is entitled to get the salary for each of the months for her services, but despite of that, the respondents are not paying the salary to the petitioner regularly and there is outstanding of salary of the petitioner from the month of January, 2024 to till date, due to which, the petitioner and her entire family members are facing grate hardship for survival due to non-payment of salary to the petitioner by the respondents.
5. It is further case of the petitioner that respondent No.5 issued a letter dated 24.12.2024 to respondent No.2 for grant of allotment of the funds for payment of the salary to the Teachers (Panchayat), but respondent No.2 has not taken any steps for allotment of the funds for payment of the salary. The petitioner has made several representations to the respondents with a request to grant of salary to her, which is outstanding from the month of January, 2024 to till date. Hence, the present petition.
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6.
Learned counsel for the petitioner submits that the salary and other dues of the employee which cannot be withheld with there being any valid and legal reason, but the respondents are not releasing the salary to the petitioner despite repeated requests, which is not proper and bad in law. He further submits that the petitioner is seeking a direction to the respondent authorities to release the funds for payment of the salary so that petitioner will get her salary from the month of January, 2024 to till date.
7. When the case was listed earlier on 03.03.2025, the learned State counsel was directed to seek instructions in the matter. Today, when the case is called out for hearing, learned State counsel, on oral instructions, submits that the respondent authorities will be going to release the salary of the petitioner within a short span.
8. I have heard the learned counsel for the parties and perused the documents annexed with the writ petition.
9. Considering the overall facts and circumstances of the case as well as further considering the submissions made by the parties, particularity the fact that the State counsel has given an undertaking that the respondent authorities will release the payment of the petitioner within a short span, this Court is of the opinion that if the petitioner is found to be eligible for grant of salary, the respondent authorities are directed to release her salary from the period January, 2024 till now, in accordance with
5 law preferably within a period of 60 days from the date of receipt of certified copy of this order.
10. With the aforesaid observation/direction, the instant writ petition is hereby disposed of.
- Sd/--
(Amitendra Kishore Prasad)
Judge Yogesh