-vs StaBlE BENCH IN THE HIGH COURT OF JUDICATURE OF CHHATISGRH AT BILASPUR WRIT PETITION (St N0 /20l|) PETITIQNER Y ^•~ ^ ^', ^^> ^&^ /t^!;r-^w .•^•t" Shivdutt Tiwari son of Radheyshayam Tiwari aged 38 years panchayat Karmi Shaanibarra Janpad Pancyayt and Tahsil Udaipur District Sarguja Chhattisgath VERSUS RESPONDENTS 1 .State of Chhatisgarh throuqh Secretary Panchayat and Gramin Vikash Vibhag D.K.S.Bhawan Raipur^c.^.j ^. Deputy Director Panchayat and Social Walefare Department District SargujaCC-^'J ^3. Chief Executive Officer Zila panchayat Sarguja Aambikapur C.G. ^4; Chief Executive Officer Janpad Panchayat Udaipur District Sarguja C.G ^^q-a s^-.; •//v'^/^^^^ S. PanchayatAyam Samaj Shiksha Sangthak Janpad Panchayat Udaipur Distrid Sargu]a(J--eij j'TJ'JW" 'i^ Ii WRIT PETITION UNDER ARTICLE 226/227 OF THE i,%- 7 4?'/^ CONSTITIUTION OF INDIA FOR ISSUANCE OF WRIT WRITS ^yf^-^ ORDER.ORDERS DIRECTION .DIRECTIQNS 1. PATICULARS OF THE PETITIONER. As stated above in the title clause. L fsxasay .'S'I^A ''<ti> .^"^^•^ 1<^ ? ®te*SS%', " •'.; 't^^^^'' HIGH COURT OF CHHATTISGARH AT BILASPUR PETITIONER WRIT PETITION (S) No. 1335 of 2011 Shivdutt Tiwari. RESPONDENTS VERSUS State ofChhattisgarh & Others. WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OP WD1A SB:JIon'ble ShrlSatish K. Aj;nihotri,J, Present: Shri R.V.Rajwade, Advocate for the petitioner. Shri V.V.S.Moorthy, Deputy Advocate General with Shri Arun Sao, Govemment Advocate for the State/respondent No. 1 and 2. ORDER (ORAL) (Passed on 26th day ofAugust, 2011) 1. By this petition, the petitioaer seeks direction to the respondent-Chief Executive Officer, Janpad Panchayat, Udaipur, to hand over the charge of Panchayat Karmi of Gram Panchayat Shaanibarra, and further, to pay the arrears of salary and allowances from the date he was reinstated in service. 2. Shri Rajwade, leamed counsel appearing for the petitioner submits that initially, the petitioner was appointed as Panehayat Karmi in the month of November, 1995 and posted at Gram Panchayat, Laxmangarh. The petitioner was placed under suspension vide order dated 30.09.2009 by the C.E.O. Jila Panchayat, Surguja and his headquarter was given at Janpad Panchayat, Udaipur. However, on a representation made by the petitioner on 16.04.2010, he was reinstated in service after stopping his two annual increments with non- cummulative effect and was posted at Gram Panchayat Fulchuhi vide order dated 23.10.2010 (Annexure P/4). When the petitioner attempted to join at Gram Panchayat Fulchuhi, it was revealed that there was no vacat post. The petitoiner made a representation to the CEO, Janpad 4. , ' C5) Panchayat Sarguja, who transferred the petitioner to Gram Panchayat, Shaanibarra vide order dated 24.12.2010 (Annexure P/l). The petitioner, thereafter attempted to join his duties at Gram Panchayat, Shaanibarra but he was not given the charge. The petitioner again requested the CEO, Janpad Panchayat, Udaipur for directing one Gopal Ram, who was in additional charge of Gram Panchayat, Shaanibarra, to hand over the charge of the Gram Panchayat, Shaanibarra to the petitioner on 31.01.201 1 (Annexure P/5) but till date, nothing has been done and his salary has also been withheld on the ground that the petitoiner has not taken charge of the said gram Panchayat. Thus, this petition. On perusal of the documents, it appears that the petitioner has made attempts to take charge of the office of Gram Panchayat, Shaanibarra on several occasions. It is for the respondent authorities to see that if the person has been transferred to a particular place, he must be given the charge so that he can perform his duties smoothly. Thus, the respondent No. 3 and 4 are directed to look into the grievance of the petitioner and pass appropriate order so that he may take charge ofthe office where he has been posted. So far as payment ofarrears ofsalary is concerned, the petitioner is at liberty to make a representation to the respondent authorities which may be considered expeditiously, on its own merits and perspective, preferably within a period of four weeks from the date ofreceipt ofthe representation. With the aforesaid observation and direction, the writ petition is disposed of. - /' Amit Satish K. Agnihotri Judge