Dismissed

Smt. Snehlata Rathor v. State of Chhattisgarh

Chhattisgarh HC9 Sept 2021WPS/4254/2021

Case brief

AI extract

What is this about?

The petitioner, a teacher at a private school, challenged non-payment of salary via a writ petition. The court noted that the State provided no funds to the private school, a private establishment. Consequently, the court held the petition not maintainable as the school does not fall within the definition of 'State' under Article 12.

What did the court decide?

The writ petition stands disposed of on the ground of non-maintainability.

Smt. Snehlata Rathor Vs State of Chhattisgarh — Service and Employment | Chhattisgarh HC (2021)

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 4254 of 2021

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1. Smt. Snehlata Rathor W/o Shri Krishna Kumar Rathor Aged About 36 Years Working As T.G.T. (Teacher) At Deam India School, Janjgir, R/o Behind Of Sharda Mandir, Chandaniyapara, Janjgir, Tahsil- Janjgir, Civil And Revenue District - Janjgir-Champa (Chhattisgarh), District : JanjgirChampa, Chhattisgarh

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---- Petitioner

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Versus

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1. State Of Chhattisgarh Through The Secretary, Department Of Education, Mahanadi Bhawan, New Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

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2. State Of Chhattisgarh Through The Under Secretary, Department Of School Education, Mahanadi Bhawan, New Raipur (Chhattisgarh)

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3. The District Education Officer Janjgir, Civil And Revenue District- JanjgirChampa (Chhattisgarh)

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4. Shri Narsingh Patel Principal Dream India School, Janjgir, Tahsil- Janjgir, Civil And Revenue District - Janjgir-Champa (Chhattisgarh)

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5. Smt. N. Query State Head, Dream India India Foundation Society, State Office C.G. House No. Q-42/492, Ground Floor, Civil Line, Bamleshwari, Maruti Workshop, Panchsheel Nagar, Raipur (Chhattisgarh) At Present Near Jethani Hospital, In Front Of Durga Chauk, Khamtarai, Raipur, Civil And Revenue District- Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

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6. Smt. Naga Prashanti President, Dream India Foundation Society, Lal Banglo, Swamkaran Road, Amarpreet, Hydarabad (Telangana), District : Hyderabad, Telangana

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---Respondents

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For Petitioner : Shri Paras Mani Shriwas, Advocate. For State : Shri Ayaz Naved, G.A.

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Hon'ble Shri Justice P. Sam Koshy Order on Board

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09.09.2021

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1. On the previous date of hearing, this Court had directed the State

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Counsel to seek instruction as to whether any fund have been provided by the State so far as the Respondent No. 4-Dream India

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School, Janjgir Champa is concerned.

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2. Today Learned counsel for the State has produced a correspondence received from the office of the District Education Officer District Janjgir whereby it has been stated that the State Government is not providing any funds to the respondent No. 4 or for that matter Dream India School situated at Janjgir Champa.

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3. Given the fact that the respondent No. 4 is not being provided any financial aid through the State Government and that it is a private -establishment, this Court is of the opinion that the writ petition may not be maintainable for the reason that the respondent No. 4 would not fall within the ambit of State under Article 12 of the constitution of India. The present writ petition at this juncture is disposed of, reserving the right of the petitioner to avail other appropriate remedies available to him so far as the grievance of non payment of salary is concerned or any other dispute that the petitioner has against the respondents No. 4 to 6.

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4. Accordingly, the writ petition accordingly stands disposed of.

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Sd/(P. Sam Koshy) Judge

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J-

Smt. Snehlata Rathor v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Smt. Snehlata Rathor v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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