,'^'' '..: ^'t!tt &5 •y' HIGHCOURT OF CHHATTISGARH : BILASPUR WRIT PETITION N0.2207 OF 2004 PETITIONER RESPONDENTS Ganesh Prasad Dewangan, aged about 48 years, S/o Shri R.P. Dewangan, Sub Auditor, Panchayat Dantewada, R/o Patharaguna, Bhangaram Chowk, Jagdalpur, District Bastar Versus 1. State of Chhattisgarh, ttvough the Secretary, Department of Panchayat & Rural Welfare, D.K.S. Bhawan, Mantralaya, Raipur (Chhattisgarh). 2. Director, Panchayat & Social Welfare, Government of Chhattisgarh, Raipur (Chhattisgarh). 3. Chief Executive Officer, Jila Panchayat, Bastar, Jagdalpur (Chhattisgarh). 4. Deputy Director, Panchayat & Social Welfare, District Bastar, Jagdalpur (Chhattisgarh). 5. Collector, Bastar (Chhattisgarh). (Writ petition underArticle 226/227 ofthe Constitution of India) Single Bench : Hon'ble Shri Satish K. Agnihotri, J. Present: Shri Varun Sharma, counsel for the petitioner. Shri Yashwant Singh Thakur, Dy. Advocate General with Ms. Sunita Jain, Panel Lawyer for the State. ORAL ORDER (Passed on this 15th day ofSeptember, 2008) With the consent of learned counsel appearing for the parties, the petition is heard finally. 2) By this petition, the petitioner seeks the following reliefs : "i. To kindly call for the records of the case from the respondents. ii. To kindly issue a writ of certiorari by quashing the following orders; a. Order No.1244/AudiV2002 dated 22/5/2002. b. Order No.1325/AudiV2004 dated 1/6/2004 and c. Order No.Stha/Vi.Ja./2004 dated 7/6/2004 with regard to the transfer of the petitioner from Bastar to Dantewada. -2-- iii. To kindly issue a writ of mandamus against the respondents to make forthwith payment of his entire salary and all other unpaid amounts from 22/5/2002 until the amounts are paid in full. iv. To kindly make any other order that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner." 3) So far as relief No. ii (a) is concerned, according to learned counsel appearing for the petitioner, nothing survives in the matter, as the suspension order dated 22-5-2002 (Annexure-P/1) has been revoked. Shri Sharma, learned counsel for the petitioner further submits that relief Nos. ii (b) & ii (c) do not survive, as the same have become infructuous. 4) With regard to relief clause iii i.e. payment of salary and all other unpaid amounts from 25-2-2002 till date is concerned, learned counsel for the petitioner submits that the petitioner has been paid 50% subsistence allowance and the remaining part has not been paid. Shri Sharma further submits that for grant of payment of balance amount of salary the petitioner may be permitted to make a representation within a period of two weeks before the respondent authorities and they may be directed to consider & decide the representation, in accordance with law, on its own merits and pass appropriate orders expeditiously. 5) Shri Yashwant Singh Thakur learned Dy. Advocate General appearing with Ms. Sunita Jain, Panel Lawyer for the State, submits that in the event a representation is made, the same shall be considered and decided by the concerned authority, in accordance with law, on its own merits, within a period of six weeks from the date of receipt of receipt of the representation. 6) In view of the foregoing, according to [earned counsel for the petitioner, nothing survives for adjudication. The petition is accordingly disposed of. 7) Consequently, M.(W.).P.No.1966/2004 stands disposed of. Gowri Sd/- Satish K. Agnihotri Judge ^