Dismissed

Chief Executive Officer v. State of Chhattisgarh

Chhattisgarh HC4 Oct 2018WA/135/2018

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh dismissed three writ appeals filed by the Zila Panchayat. The appeals challenged an order allowing teachers to claim wages after an illegal transfer outside their district cadre was quashed. The court held the appeals were meritless as the teachers were prevented from working due to the illegal transfer order.

What did the court decide?

Writ appeals dismissed; consequential relief granted to teachers including wages from the date of the impugned order.

Chief Executive Officer Vs State of… — Pension and Retirement Benefits | Chhattisgarh HC (2018)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WA No. 533 of 2017

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Chief Executive Officer Jila Panchayat, Surguja District Surguja Chhattisgarh.

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---- Appellant

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Versus

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State Of Chhattisgarh Through The Secretary, Department, Department Of Panchayat And Rural, Mahanadi Bhawan, Naya Raipur, Chhattisgarh., Chhattisgarh

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Chief Executive Officer, Janpad Panchayat, Surguja, District Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

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Raju Kumar Kujur S/o Shri J. Xavier Kujur, Aged About 39 Years Presently Posted As Assistant Teacher Panchayat, Primary School Barpara Kasu, Block Lakhanpur, District Surguja, Chhattisgarh.

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Sandeep Kumar Gupta S/o Shri Dev Prasad Gupta, Aged About 31 Years Presently Posted As Assistant Teacher Panchayat, Primary School Jodhpur, Block Lakhanpur, District Surguja, Chhattisgarh.

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Anuranjan Kerketa S/o Shri Birendra Kerketa, Aged About 27 Years Presently Posted As Assistant Teacher Panchayat, Primary School Kurman, Block Lakhanpur, District Surguja, Chhattisgarh.

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Ambika Prasad Singh S/o Shri Amardhan Singh Aged About 26 Years Presently Posted As Assistant Teacher Panchayat, Primary School Chandu, Block Lakhanpur, District Surguja, Chhattisgarh.

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Rakesh Kumar Patel, S/o Shri J.P. Patel Aged About 30 Years Presently Posted As Assistant Teacher Panchayat, Primary School Korjapara, Block Lakhanpur, District Surguja, Chhattisgarh.

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---- Respondents

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WA No. 135 of 2018

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Chief Executive Officer Jila Panchayat Ambikapur District Surguja Chhattisgarh.

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---- Appellant

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Versus

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State Of Chhattisgarh Through The Secretary Department, Department Of Panchayat And Rural Mahanadi Bhawan Naya Raipur Chhattisgarh.

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The Collector, Ambikapur District Surguja Chhattisgarh.

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Chief Executive Officer, Janpad Panchayat Sitapur, District Surguja

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Chhattisgarh.

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Birbal Ram S/o Late Bandhu Ram Aged About 40 Years Posted As Assistant Teacher ( Panchayat ) Primary School Kerakachhar Block Sitapur District Surguja Chhattisgarh.

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Smt. Kanta Singh W/o Shri Umakant Singh Aged About 40 Years Posted As Assistant Teacher ( Panchayat ) Primary School Sontarai , Block Sitapur District Surguja Chhattisgarh.

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Smt. Neetu Bada W/o Krishna Ram Aged About 28 Years Posted As Assistant Teacher ( Panchayat ) Girls Primary School Devgarh Block Sitapur District Surguja Chhattisgarh.

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Motiram S/o Chamar Sai Posted As Assistant Teacher ( Panchayat ) Primary School Shivnathpur Block Sitapur District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

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Ashok Kumar Tirkey S/o Late Badri Ram Aged About 30 Years Posted As Assistant Teacher ( Panchayat ) Primary School, Shivnathpur Block Sitapur District Surguja Chhattisgarh.

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Chandrakant Gupta S/o Bhuneshwar Prasad Gupta Aged About 40 Years Posted As Assistant Teacher ( Panchayat ) Primary School , Gohdipara Block Sitapur District Surguja Chhattisgarh.

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Avinash Lakra S/o Shri Kamal Sai Lakra , Aged About 35 Years Posted As Assistant Teacher ( Panchayat ) Primary School Pabrikhar Block Sitapur District Surguja Chhattisgarh.

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---- Respondents

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WA No. 537 of 2017

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Chief Executive Officer Jila Panchayat, Surguja, District Surguja Chhattisgarh.

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---- Appellant

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Versus

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State Of Chhattisgarh Through The Secretary, Department, Department Of Panchayat And Rural, Mahanadi Bhawan, Naya Raipur, Chhattisgarh., Chhattisgarh

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Chief Executive Officer, S/o Janpad Panchayat, Sitapur, District Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

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Sanjay Kumar Pradhan, S/o S/o Shashibhushan Pradhan, Aged About 30 Years R/o Village Dodhidipa, Block Sitapur, District Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

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Nitesh Kumar Gupta, S/o S/o Late Pradeep Kumar Gupta, Aged About 25 Years R/o Village Betwa, Janpad Panchayat Sitapur, District Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

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Shabir Ahamad, S/o S/o Vasim Mohammad, Aged About 39 Years R/o Village Bhusu, Tehsil Sitapur, District Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

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Anil Kumar Sinha, S/o S/o B.R. Prasad, Aged About 41 Years R/o Manjhapara, Devgarh, Block Sitapur, District Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

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Satnanrayan Singh, S/o S/o Shri Kavalsai, Aged About 40 Years Presently Posted As Assistant Teacher Panchayat Arts At Government Primary School, Patelpara, Block Sitapur, R/o Village Parsa, Post Office Bhuru, Police Station And Tehsil Sitapur, District Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

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Shivlal Ram S/o Shri Hira Ram, Aged About 38 Years Presently Posted As Assistant Teacher Panchayat Arts At Government Primary School Kathbuda, Block Sitapur, R/o Village Dharampur, P. S. And Tehsil Sitapur, District Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

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Vijay Lal S/o Sh. Dhaniram, Aged About 34 Years Presently Posted As Assistant Teacher Panchayat Arts At Government Primary School Bharatpur, Block Sitapur, R/o Village Lalitpur, P. S. And Tehsil Sitapur, District Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

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Anil Kumar Gupta S/o S/o Sh. Gulabchand, Aged About 41 Years Presently Posted As Assistant Teacher Panchayat Arts At Government Primary School Baheratoli, Bhusru, P. S. And Tehsil Sitapur, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

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11.Jayant Prasad Gupta S/o S/o Dwarika Prasad Gupta, Aged About 40 Years Shiksha Karmi Grade - I I I , Assistant Teacher Posted As Primary School, Jonkadand, Janpad Panchayat And Block Seetapur, District Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

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12.Pramod Kumar Gupta S/o S/o Late Durga Prasad Gupta Aged About 40 Years Shiksha Karmi Grade - I I I , Assistant Teacher, Posted At Primary School, Dhanurpara, Janpad Panchayat And Block Sitapur, District Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

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13.Ganpati Chakrawarti, S/o S/o Sh. Prem Sai Chakrawarti, Aged About 30 Years Presently Posted As Assistant Teacher Panchayat Arts, At Government Primary School, Dhekidoli, Block Sitapur, District Surguja, R/o Village Balajhar, P. S. And Tehsil Patthalgaon, District Jashpur, Chhattisgarh., District : Jashpur, Chhattisgarh

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Soukhilal Malakar, S/o S/o Sh. Bhagwarhi, Aged About 45 Years Working As Shiksha Karmi Grade - I I I Assistant Teacher Panchayat Sitapur, District Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

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15.Smt. Sarita Gupta, S/o W/o Rakesh Kumar Gupta, Aged About 35 Years Shiksha Karmi Grade - I I I Assistant Teacher Panchayat Posted At Primary School, Saraipara, Janpad Panchayat And Block Sitapur, District Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

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Jagdish Paikra, S/o S/o Sh. Jayaswar Ram Aged About 40 Years Shiksha Karmi Grade - I I I Assistant Teacher Panchayat Posted At Primary School, Korwapara, Janpad Panchayat And Block Sitapur, District Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

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Smt. Tabassum Hasan, S/o W/o Maglub Alam, Aged About 31 Years Shiksha Karmi Grade - I I I Assistant Teacher Panchayat Posted At Primary School, Bhawradand, Janpad Panchayat And Block Sitapur, District Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

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18.Sachit Gupta S/o Sh. Ram Bharosh Gupta, Aged About 33 Years Shiksha Karmi Grade - I I I Assistant Teacher Panchayat Posted At Navin Primary School, Bijapara Radhapur, Janpad Panchayat And Block Sitapur, District Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

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Manohar Lal Barik S/o S/o Sh. Shankar Ram Barik, Aged About 41 Years Shiksha Karmi Grade - I I I Assistant Teacher Panchayat Posted At Primary School, Murta, Janpad Panchayat And Block Sitapur, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

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20.Rajkumar S/o Sh. Sudheram Aged About 39 Years Presently Posted As Assistant Teacher Panchayat Arts At Government Primary School, Bhattipara, Janpad Panchayat And Block Sitapur, R/o Village Sarga, P. S. And Tehsil Sitapur, District Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

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Anima Kujur S/o D/o Sh. Agustin Kujur Aged About 34 Years Shiksha Karmi Grade - I I I Assistant Teacher Panchayat Posted At Primary School, Bakhripara, Janpad Panchayat And Block Sitapur, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

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22.Smt. Champa Sidar S/o W/o Sh. Yuvraj Singh Sidar, Aged About 27 Years Shiksha Karmi Grade - I I I Assistant Teacher Panchayat Posted At Government Primary School, Saraipara, Janpad Panchayat And Block Sitapur, District Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

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---- Respondents

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For Appellant : Shri Abhishek Vinod Deshmukh, Advocate For Respondents : Shri UNS Deo, Govt. Advocate, Shri Mateen Siddique & Shri Harish Khuntia, Advocates for respective respondents.

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Hon'ble Shri Ajay Kumar Tripathi, CJ Hon'ble Shri Parth Prateem Sahu,J

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Order on Board

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Per Ajay Kumar Tripathi, CJ

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04/10/2018

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Vide order impugned learned Single Judge allowed the writ applications and gave a direction upon the appellant i.e. Zila Panchayat, Surguja to grant consequential relief including wages from the date of transfer till the private respondents herein/petitioners of the writ applications joined their duties. Benefit was supposed to accrue within sixty days of the order.

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Zila Panchayat is in appeal against the decision of learned Single Judge with an argument that since the private respondents herein had not worked in the schools after their order of transfer, either in present place of their posting or transferred schools, they cannot be paid salary and principle of 'no work no pay' may come into play.

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Learned Single Judge has primarily allowed the writ applications on the basis of an order dated 3.7.2017 passed by yet another Bench which held the order of transfer passed by the Chief Executive Officer of Zila Panchayat, Surguja to be totally illegal.

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The teachers in question are teachers of Zila Panchayat schools and they constitute a district cadre. They are not amenable to transfer to any other district or any other Zila Panchayat beyond the district and therefore the orders of transfer were held to be illegal.

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Since the orders of transfer were found to be illegal per se, therefore, the teachers in question cannot be punished for not obeying such illegal orders. Further, since they were prevented from working because of the illegal decision to transfer them outside the Zila Parishad in question, neither the principle of 'no work no pay' will apply nor can private respondents be punished for not obeying such illegal order per se . Infact, the private respondents herein were prevented from working because of

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such an illegality in the decision and which was found to be so by the writ Court and that decision has not been interfered with by any superior forum.

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Accordingly, these writ appeals being meritless are liable to be dismissed

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and are hereby dismissed.

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Sd/Sd/(Ajay Kumar Tripathi) (Parth Prateem Sahu) Chief Justice Judge

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roshan/-

Chief Executive Officer v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Chief Executive Officer v. State of Chhattisgarh

Case brief

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What did the court decide?

What the court decided

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