s 'css&'s 4 -"^-^ | y ,9 's'sy' :^'' ssy HIGH COURT OF CHHATTISGARH : BILASPUR Writ Petition No. 413 of 2006 Petitioner Jeevdhaa Lal Sahu, S/o Shri Hetram. Sahu, aged about 31 years, R/o Village - Kasdol, Tahsfl Kasdol, Dist. Raipur, (C.G.) Versus Respondents 1. State of Chlia.ttisgarli, Through The Secretary, School Education Department, D.K.S. Bhawaii, Raipur C.G. Zila Paacbayat Raipur, through Chief Executi.ve Officer, Raipur, C.G. Nayan Kuiuar Vishal, Shiksha Kanni, Workm.; ili Govermnent Higher Secondai5r School, Girodpuri, Dist. Raipur C. G. Abdul Salajm Khan, Shaiksa Karmi, Workiu^ ia Govenuuent Higher Secondaiy Laven Tahsil Balodabazar, District Raipur C.G. 2. 4. W_R!'LPETITON_UNDER ARTI_CLE 226/227 OFTH) CONSTITUTION OF INDIA. (SB; Hon'ble Shri Satish K. Agiiihotri J.) Shri Rakesb Paiidey, Advocate for the petitioner. Siuita Ghai, Panel Lam-er for flie respondent No. 1. 2. (Passed on this 24th day ofjune, 2009) Heai'd. By this petition, the petitioner seeks seniorily aiid salaiy w.e.f. the date when. the respondents No. 3 aad 4 were appoiuted, on fhe ground that fhe petitioner was laore nieritorious fhan. fhe respondents No. 3 aud 4. Be fh.at as it inay, fhe petitioner was appoiiited on 15.11.2002 (Annexure P/4). The grievance of fhe petitioner that the petitioner is entitled to seniority and salary w.e.f. the date of appoiatment of other candidates, who accordiiig to the petitioner were less ineritoiious, is unsustaiuable in law. SaSar)r is always paid on the basis of worb discharged by fhe eniployee and fhe seuionty is counted from. the date of appoiiitment. The petitioner inay claim axLythiiig but Iie has no right to the post before fhe ^,es-isw,,,^ .^'-^:^ '"^, /'/'' "^ 'Si fe-.^ % ^ ' '... '~'""~''^t::ti s, ^i ^.'^:'•^..^ &. \vy!./!: '^-..^ssy'" ^v\ 2 Tbakur date of his appointment. Thus, fhe petitlouer is entifled to neifh.er seniorily nor salary for fhe period he has not actually worked. In view of fhe foregoing, fhe petition is devoid of laerit. It is accordiagly disiuissed. Sd/- S.K. Agnihotri Judge