Driver claimed arrears of salary for a period he was allegedly absent after refusing deputation. The trial court dismissed the suit; the First Appeal was dismissed at the admission stage, affirming the judgment and decree.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
First Appeal No. 44 of 2008
---- Appellant
Versus
1. State Of Chhattisgarh through the Collector, Janjgir Champa C.G.
2. Deputy Director, Agriculture, Janjgir, District- Janjgir-Champa, Chhattisgarh.
---- Respondents
(Cause Title taken from Case Information System)
For Appellants : Mr. Malay Shrivastava, Advocate For Respondents/State : Mr. Tarkeshwar Nande, Panel Lawyer
Hon'ble Mr. Justice Rakesh Mohan Pandey Order on Board
5.1.2024
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driver. The plaintiff refused to give consent for the said proposal on account of some personal difficulty. Thereafter, on 17.06.2002, an order was issued by the District Collector, Janjgir-Champa showing the plaintiff as a daily wage employee and his services were attached at Health Centre, Akaltara on the post of Ambulance driver. Thereafter, again an objection was raised by the plaintiff by filing representation that he was not a daily wage employee, rather he was a regular employee at the relevant time and in pursuance to which, that order was rectified by the concerned authorities. It is further pleaded that since 26.05.2002, he worked under respondent No. 2, but he was relieved exparte on 20.06.2002. It is further pleaded that the Department has not paid salary to him for the period from 21.06.2002 to 25.05.2003 and, thus, he claimed arrears of salary of Rs. 65,390/-.
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therefore, the question of relieving him for Saragaon does not arise. He further submits that the petitioner was a regular employee in the department but he was shown as a daily wage employee and when an objection was raised the Collector rectified the said mistake. He also argued that the appellant was present in the office of defendant No. 2 on all working days but he was not permitted to sign in the attendance register and deliberately, he was shown to be absent. It is also submitted that on 13.09.2002 vide Ex. P/6, a representation was made to the Collector, Janjgir-Champa for payment of salary and the same was referred to the higher authorities by the department. He would also argue that vide Ex. P/ 10, the plaintiff refused to accept the transfer of his services on deputation, thus, he would submit that the learned trial Court committed an error of law in dismissing the suit.
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representation before the Collector, Janjgir-Champa for modification of the said order and the same was rectified and he was shown as a regular employee vide Ex. P/9 dated 27.06.2002.
Sd/-
(Rakesh Mohan Pandey) Judge
Amita
1 issue framed by the court
Whether the plaintiff was entitled to arrears of salary for 21.06.2002 to 25.05.2003 despite alleged unauthorized absence from service.
1 provisions across 1 enactments
Vijay Kumar Shukla
State Of Chhattisgarh through the Collector, Janjgir Champa
Deputy Director, Agriculture, Janjgir
Rakesh Mohan Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
