./"" G'F-}^^^. i5^ iifia,^^ Wl:i«'<1 "' IN THE HIGM ©OURT'©F^LfDIC^T'^E (SMHATTISQARH AT'BILASRW W.P.NO. S-S&S-:;/2005 Petitioner : ^ Dr.R.D.Eliksliit, >S/o,Late^hnR.P.Dikshit,Agedab9Ut B7yegrs, Pres&ntly residingatTylsi Sagar, Gazjpi.ir (UR') - ; ForcotTesRonflenceG/oV.S.Tiwari, ;Sagoi^ Bagicha, Masanganj, Bilaspur Versus / 1) State of Ghha^ the SBcrgfary.^y j SchGiol Ectucation I:)eparjmer>tgEiKSBHavvan,F'iaipur(GG) :^^^l'!^i^.^:;!:'®M.|ggg;|S|gali':;i, :_,^^:;t:.; :::,,:::^ ' ^|%^2)^::f:'^^(|&|S|I||g!!|t§|,:'l^^te;.^,Go '|of: iSSBjlSlillB^^NBBi^^cs %an^llftl'sinln9'' |ii3^^KBB|?liaipur'(GG)j|^^^ : .1: ':1 " i§N8SltiliSII%KBIIBBMKI!^] ®SS;SSSS??)SSiUttiU|l3nBBHBl Illgvt^;-' ^<3glgg®l;,|[^. -;.::s::i["!i:.a^:%'w^,i.ft.rj@ducNtion^liaFB^^ ^4) TlTe Principal. District Institute af EdyG.ation- and Trainihg, Pendra, DisUj .@i!aspHr(©Gy;.• " :, . . ;:.; :: .'|. WRITPE13!TBi^N@Bia8»lli@^^270FTME^^^^^^^^^,^ 'CT^i8NS"rJT' Q WIW»JA^:-i' ::"-;.::':;'— II: Particulars of the P^titioner KB; y»;'s(W]ti»<);ity^<{i*i<s;;Rri|^iy<( VJ.P.<06. 2-^oS"|i-<>o'f 3H^§iflgpi?(i^c|{^i»d) 3II^I<l?lRrii<l> aairaj^SCTf^ ••^. 09-09-2005. W.P.No.250Sor2005. Heard Mr. P.R. Patankar.lee Sao, learned Dy. Govt, Advocatefor Theoase was takeraupfor to the respondents. Mr.RS. Kosl- notice on behalf of all the responda Thereafter, the matter was Ijsted on by learned counsel fon the responc opporiunify to file replyJThe matfer» and a similar request for grant of respondents: This Court tastly grar several adjournments, the responden) Learned eounsef for the petit from service on 31-07-1999 and ths previous one year from 31-07-98 to 3| the Under Secretary, Government ol] to the Direotor, State Gouncil ofEdu^ stated that the petitioner:be giverl petitioner would not claim any sa|: petjtioner was made to accept reaprf any salary and allowances. The petil from.31-07-98 as Prinapal, District District Bilaspur. ' Learned counsel;for the respc(i except that the State ofiMadhya Praf: belated. Stateof Madhya Pradesh is time of retirement and atthe time of fc Bilaspur wtiich comes wjfhin the terr|t <n,i»ilCT<ili*ii*tn'i"^f fei^l 'tl^gR ^a.rl^Han^?! [•ned oounsel for the petitioner and Mr.Arun [le Stateof Chhattisgarh / respondents, he^ring on 22-06-2005 when nottoe was issued ^, tearned Dy. Advocate General aocepted (ts and sought two weeks time to fite reply. 15-07-2005 and one more request was made |ents for grant of two weeks time as last v^s again taken up for hearing on 08-08-2005 |me was made by learned counsel for the (ted three weeks time to fite reply. Despite (s could not flle their replytill date. foner submits that the petitioner has retired petitioner has not been paidsalary for the 1 -07-99. In the letter dated 25-09-98 sent by Madhya Pradesh, Department of Education (ation, F?esearch and Training, Bhopal, it was reappointment on the condition that the ary and allowances after 31-07-98. The |ojrrtment on honorary basis without claiming [ioner was aooordingly reappointed with effect Instituteof Education and Training, Pendra, idents. is not in a position to dlspute the facts iesh is a'.necessary party and the petition is ot a necessary party as the petitibner at the 'appointment was working at Pendra, District orial jurisdiction of the State of Chhattisgarh. ;^wR?miBa',i^tw%^teERTg!? tii*ic»fra»*n^"••••"—•"F—'T:-y-^-^^-—^ %t^ji^ ,{!pfg^) SII^STwR-lt'tb \t:isiT3n^$fg;»iN -<-J aaim^;r3ii^?T -2- i»tiiCT<iii*ii<ioi"^'K'<3'<rji'(:t;N ^srt^Hsnl?!8 On the question of delay, learne^ representations were made and would be considered immediatelyl 1 counsel forthe petitionersubmits that several even the petitioner was;assured that his case ^ Letter dated 14-06-2002 (Annexure-P/5) clearly indicates that the 'Government w^s considering the oase of; the petitioner for grant ofsalary and othen allowances f( as it .may, the petitioner has ad Edycation and Traitiing, Pendra, In view of the foregoing, directed the Directar of State Coil to obtainan undertaking from th^ the petjtioner and the petitioner 98. Aceordingly, the petition is,s| Irthe period from 01-08-98 to 31-07-99. Be that ftittedly worked as Principal, District Institute of v •. • :^ . • 3istrict Bilaspur and this fact is not disputed. he petitioner is entitled tQ payment of his salary and allowances for;thework he tjas performed during the period from 01-08-98 to 31-07-99. The Government canrjot force the employee to work without salary, as '—"~i>. . '. ' '. 'i • . ' I . ' . on perusal of the Fecord, it is fc|und that the School Education Department had ncil of Education, Research and Training, Bhopal petitioner. But no such undertaking was filed by was given reappojntmentwith effect from 01-08- llowed and the respondents are directed to make payment of his sala.ry and allowahces, as permissible under the law, for the period from 01-08-98 to 31-Q7-99 imm^diately within a period ofthree months from the date ofreoeipt ofcdpy ofthis ord^r. Parties are entitled for ce ftified copy of this order. Sd/- Sadsh K. Agnihotri Judge 9fr/FS/200'5-26;000 M. y i^: !;T';