9 <? ^y-a, ^' t^- '"Ki IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR W.P. No.-l^1-c—of 2005. Petitioner : ^ Prasiddha Narayan Singh s/o Late Shri Vijai Bahadur Singh,resident ofAt and post North JhagaraKhand Colliery,District Koria(C.G.). VERSUS Respondents v l.Singhi Collieries Education Society through its Chairman/Chief General \^/ ^.f)\ Manager S.E.C.L. Hasdeo Area, District \^^^"\.KOria' (C.G.)497448. ^y..^ ^.^^^^} Chairman Cum ManagingDirector ^^",..^< S.E.C.L.Seepat RoadBilaspur. %^-€: ^6S ^; ^^\^^\ 3. ChiefGeneral Manager S.E. C.L. Hasdeo Area At and Post South Jhagara Khand Colliery, District Koria, (C.G.)497448 4. ChiefPersonnel ManagerS.E. C.L. Hasdeo Area At and Post South Jhagara Khand Colliery District Koria (C.G.) 497448 5. Principal Higher Secondary, School North Jhagra Khand Colliery District Koria (C. G.)497446 WRITPETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR THE ISSUANCE OF WRIT IN THE NATURE OF MANDAMUS CERTIORARI, PROHIBITION AND FOR OTHER SUITABLE WRIT OR WRITS ORDER OR ORDERS DIRECTION OR DIRECTIONS. ^T~- :^' ^- 29. vdx'ri '-qi<4lrt^, tPT?1^<j<S, P|rtN4^ <ii*icn a»»n^ (^)/ P. AJO • ( l^ ^-£>|Z^JT ^200 3TT^^T^TR4l<b ?CT3IT^$T^^I<h 3TI^?T q5R? (ljc|ij<sl<^) ?;RTTSff^if^T OT^^T 08J.L2005,. Shri R.K. Jaiswal, learned Shri P.S. Koshy, learned Shri S.K. Dadsena, leamefl Heard. The petitioner was app^ 01.02.1996 and was posted at l.| Koria. The petitioner was con^ 15.04.1978. On 21.06.1988the | Teacher and was posted as He^< Nagar), Anuppur. The date of b{ the High School Certificate, wh| petitioner retired from service or| 62 years w.e.f. Novermber, 20041 Learned counsel for the not given any notice/ intimation continued in the service after submits that since the petitioner| he is entitled to his salary on th| counsel for the petitioner also his signature regularly in the offic(e Mr. Koshy, learned cou( submits that the petitioner retlr^d attaining the age of superannua< of continuation of his service a^ Learned counsel further submit <pi<<[o<Tli ^i^coT^'fc^l <<(ui^i>( ^srf^r^^T jsounsel for the petitioner. c|3unsel for the respondent s 2to 4. counsel for respondent No.5. >t>inted as Lower Division Teacher on [.M. School, North Jhagarkhand Colliery; |rmed on the said post by order dated rietitioner was promoted as UpperDivision fd Master in Middle School, Jhjmar (Ram (rth ofthe petitioner is 04.09.1942 as per ;h is not disputed by either party. The attaining the age of superannuation i.e. >etitioner submits that the petitioner was lifl/ith regard to his retirement, as such he November, 2004. Learned counsel further had worked after November, 2004 also, post of Head Mastertill date. Learned SL|bmits that the petrtioner has been making te reeord. isel appearing for respondents 2 to 4 in the month of November, 2004 on ion i.e.62 years and there is no question no work was taken from the petitioner. that the petitioner used to go inthe \3WI <-«1«10«, U>T^1^-1<1<S, Rlrtl^-l^ 30. *ff*ic^T9»m^ .p,^.\M^ \i-^ ^,...-.:7....'.'...;..>.^200 ^?T q=ra? ('Jcffg^) 3TT^^TcpTR^i<b n^T^^T^^Jch 11 .u.4^ ^'^TTST?^rfer STT^^T morning and used to leave the s4 work, as such the petitioner| superannuation. The submission| the petitioner had been workin^ strongly denied by the respond^r proof to establish that the respt^ndents Learned counsel for the responpents had been signing on his own without taken from the petitioner after Not/ember, Shri S.K. Dadsena, leameti submissions madeby Shri P.S\ respondents 2 to 4. Having heard learned c^unsel records, it is admitted that the p^ Master of respondent No.5- Schcjol i.e. 62 years. The petitioner cou| from him after November, 2004. to any salary after the retirem^nt except making his signatures in In view of the foregoing, costs. <pi<i[o<i1vi *ii+ioV^'(^^9 x^-si^ ^a-rf^Tsn^T thool immediately without performing any is not entitled to any salary after |of learned counsel for the petitioner that even after November, 2004 has been |nts. The petitioner has not shown any had taken any work from him. further submits that the petitioner any requirement and no work was 1/ember, 2004. counsel for respondent No.5 adopts the Koshy, leamed counsel appearing for for the parties and perused the tioner retired from the semce as Head on attaining the age of superannuation d not establish that any work was taken Accordingly, the petitioner is not entitled as he has not worked in the school office record on his own. :he petition is dismissed. No order as to the Sd/- SatishK.Agmhotri Judge SP/FS/2005-20,000 I- ^ '^ ^;