^SS'WSSHt^ £sl8iKS ;i>8t.>i INTHEHIGHCOURTOF.iUDICATURE.AT-MELASPURfC^^ WRTTPETITION N0. ^g / OF 2005 pFrmONER ^ /^y^ .^/y/ ^/^/. •^/^f./ '^/w^/ /ff\^ .^%rl ^••'^•'^' : ' ^ Smt. Reeta Choubey" Aged about - 42years Wife of Shri Albert Choubey POsted as - Lecturer (Biology) at - Govt. Colfege of Education, Distt. - Raipur(C.G.) R/o Shyam Nagar, In front of I. T. I., P. O. - Ravi Gram, Raipur, District - Raipur (C. G.) VERSUS RESPONBEN-re s> ^<A ^ \.o ^- 0 ^^M l?lff^I': ili^::~.';;!1;. '^?*>".:".^';3. 1. StateofChhatysgarh Throygh - Ttie Secretary, ^s^osiMyiG^^ D; K.S TtieDir'ectOF, Rt.|t))iGlnstructiQns,Chhattisgarh Raipur The Principal, Govt. College ofEducation, Raipur -^ Smt. Pratibha Dewangan, Lectyrer (Biology) Through - The Principat, Govt. Collegeof:Education,Raipur District - Raigarh (C. 6.) II I1; :WRTr,l>E-CIt3lliaiyliiitERin(Rlt^l.E:-^i^^ ^^StSS9SBWllVDtH:<C ::'W^K[ : ::: :' XI-HC-78 HIMWI St>*1|th '3SS ^W\v\^, ®T(1wiS,RlOKiy ^^^^.^^1.1^200 341^14d<b (l'l^<s"<<r) sn^r^rR-fi'h ?RT3llSi!l 9>WV ?^TTW ^T^cT 3T1cE?T 13.6,2006:- Shri R.K. Kesharwani, coun^el Shri Sushil Dubey, Govt. Advocate to3. Tlhe d^ted Shri Galib Dwivedi, counsel Heard. The case of the petitionei) appointed as Lecturer (Biology). continued with the same with full dfev from Government Higher Secondaty of Education, Raipur videorder petitioner was relieved from Neora) office of the Government College Copies of the relieving and joiningl respondent No.3 refused to teke thje and sent a ietter to the Secretary] Education that post of lecturer -is| cannot be allowed to join her respondent No.4 the petitioner wa^ preferred a representation to th< 28th/29ttl-11-2005. Learned counsel for the peti' petition the petitioner has been College of Education, Raipur, vide| has joined and she is performing h( the rejoinder filed by the petition^r, D6cember to February has not beerf ^ta^v-ot^c-i^ *l<lfd41-l NIMdTff ts'-<fl<Ri«it ^Sl^ff 311^51 elforthepetitioner. for the State/respondents No.1 br respondent No.4. is that in the year 1985 she vws petitioner after joining her services ^votion. The petitioner was transferred Schooi, Neora to the Govt. College 22-11 -2005, Annexure-P/1. The on 23-11-2005 and she joined in the Jf Education, Raipur on the same day. letters are Annexure-P/2. However, (e petitioner on duty w.e.f. 24-11-2005 Government of ChhatUsgarh School not vacant, therefore, the petitioner Iduties. In order to accommodate ^ not ailowed to join. The petitioner Secretary to the Government on (ioner submitted that after filing of this ^llowed to work in the Govemment letter dated 16-2-2006 the petitioner tr duties which has been mentioned in ', but the salary from the month of paid. XI-HC-78 3^ •^I^IW^I, ®Tfiwis,(»t<ii«y *ii*ini ai+ii«t> ^ 200 SD^T^TK-fi* (raisn^Tsbii* 3<1^114sl«*>(yt^q^eT) iRIIWWf^Tsn^T '—ff^' behalf Reply has been flled on has been mentioned that the own request. It has further been| joining on 23-11-2005. It has Govt. College of Education wrotej post is vacant. Again on 28-1-2(p letter to the Secretary for Government directed respondent] order. In para-6, it has been petitioner has been allowed to join| It is evident from the respondents No.1 to 3 that the compiied with the Government on 23-11-2005 from the and she submitted her joining r^ highhandedness of respondent Pf respondent No.3 wrote letters to which the Secretary to the the petitioner to join her dutiesj pursuance of the same the in the circumstances, when the p^ 23-11-2005 in pursuance of th4 compliance of the same, the petitioner could not get the salaryl ofjoining in the month of Febmar^ respondent No.3 by any means c^i Ihe Goverriment petiti[oner «bi<it<'i41-iNiti<"tT^Ts'<!l <R|'KK ^sri^tTsn^T of respondents No.1 to 3 in which it was transferred to Raipur on her mentioned that the petitioner gave her been mentioned that the Principal, a letter on 24-11-2005 stating that no and 6-2-2006 the Principal wrote a clarification. On 16-2-2006, the |No.3 to comply with the Govemment's m^ntioned that in pursuance of that the 1 her duties. and reply filed on behalf of f^etitioner is an obedient public servant, dated 22-11-2005, she was relieved Higher Secondary School, Neora r^port on 23-11-2305. On account of |o.3, she was not allowed to join and Government seeking clariflcation on directed respondent No.3 to allow vide order dated 16-2-2006 and in ior|er has been allowed to join. Therefore, ^titioner submitted her joining report on Government order and later on in was allowed to join, therefore, the Iw.e.f. '23ra November 2005till the date 2006. In the circumstances, action of c^nnot be held to be legal action, as such pet^ioner further 2f( seelting petitiofier's petition oroer Governrhent XI-HC-78 3?? •<11<IIC1<1, ®T(IWI<S,Iq<11«y 3TT^I gil f^lRi cWT 3H^?T ^TTT^ Barve ^ \r; *ii*ini a»*iit»» ^[ 200 3llS[?TV^R ('ytt^siyT) e^iTWnfersr^T ~S'— respondent No.3 is directed tc admissible w.e.f. 23-11-2005. The writ petition is disposeti Consequently, M.(W.)P. 2560/2006 & 789/2006 also stanc Parties are entitled for certlfied *i<i?ci<l1-i TOi?ft ffteA <R|«I< ^aflf^HStI^T pay the salary to the petitioner as of accordingly. No.4859/2005 and I.A. Nos.788/2006, disposedof. copy of this order. Sd/- LC.Bhadoo ^ ° Judge