Supriya Bhagat Vs State of Chhattisgarh

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2024:CGHC:41123

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 6705 of 2024

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Supriya Bhagat D/o Late Ramkumar Ram Bhagat aged about 36 Years R/o Village Namnakala, Near Sharda Dham, Police Station, Ghandi Nagar, District Surguja (CG)

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... Petitioner

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versus

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State Of Chhattisgarh Through Secretary, General Administrative Department, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh

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State Of Chhattisgarh Through Secretary, Panchayat And Ruler Development Department, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh

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Collector Surajpur, District Surajpur (CG)

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Chief Executive Officer Janpad Panchyat Pratappur, District Surajpur (CG)

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District Education Officer Surajpur District Surajpur (CG)

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Principal Government Primary School, Pandopara, Semrakhurd, Block Pratappur, District Surajpur (CG)

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... Respondents

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For Petitioner : Mr.Vikram Dixit, Advocate For Respondents : Ms. Shailaja Shukla, Dy. Govt. Advocate

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SB:Hon’ble Mr. Justice Parth Prateem Sahu

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Order on Board

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18.10.2024

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Petitioner has filed this writ petition seeking following

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reliefs:-

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“1.That, this Hon’ble court may kindly be pleased to issue a writ/writs, order/orders, direction/directions to the respondents to pass an appropriate order of payment of the salary of the suspension period that is from 01/01/2011 to 30/08/2019 favour of the petitioner.

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2.That, this Hon’ble court may kindly be pleased to issue a writ/writs, order/orders, direction/directions to the respondents to consider the representation / case of the petitioner for grant of salary of the suspension period that is from 01/01/2011 to 30/08/2019 within stipulated time.

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3.That, this Hon’ble court may kindly be pleased to issue a writ/writs, order/orders, direction/directions to the respondents to decided the representation of the petitioner within a stipulated time.

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4.That, this Hon’ble court may kindly be pleased to grant any other relief (s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.”

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Learned counsel for petitioner submits that while petitioner

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was working as Shiksha Karmi, one crime was registered against her for alleged commission of offence punishable under Section 302 of IPC and she was convicted by trial Court for said offence. Petitioner preferred criminal appeal

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against her conviction before the High Court, which came to be allowed and she was acquitted from the charge of murder. After passing of judgment of acquittal, petitioner reported on her duties, she was permitted to join her duties vide order dated 29.8.2019 and since then she is continuously working as Assistant Teacher (LB). The Block Education Officer, Pratappur wrote letter dated 9.2.2019 to the Chief Executive Officer Janpad Panchayat Pratappur for taking decision with respect to grant of salary to the petitioner for the period from 01/01/2011 to 30/08/2019. Petitioner also submitted representation before authority concerned on 23.2.2022 and 23.1.2023 for grant of salary for the period 01.01.2011 to 30.08.2019. However, till date no decision has been taken on the representations of petitioner, therefore, a direction be issued to the Block Education Officer, Pratappur to take decision on the representation of petitioner at the earliest.

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Learned State Counsel submits that from the submission made by learned counsel for petitioner it is appearing that the Block Education Officer has written letter to the respondent No.4 for taking decision with respect to claim of petitioner for grant of salary for the period, subject matter of this writ petition, however, representation

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referred by learned counsel for petitioner is of the year 2022 and 2023, therefore, petitioner may submit fresh representation for redressal of her grievance as raised in this writ petition and the same will be considered at the earliest in accordance with law.

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Heard learned counsel for the parties and perused the documents available in record of writ petition.

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SYED ROSHAN ZAMIR ALI

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Digitally signed by SYED ROSHAN ZAMIR ALI

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Taking consideration facts and circumstances of case, limited prayer made by learned counsel for petitioner, without commenting anything on merits of claim of petitioner, this writ petition is disposed of permitting petitioner to submit fresh representation before respondent No.4, 5 as also to the Block Education Officer, Pratappur raising all the grounds as raised in this writ petition. In event petitioner submits such representation, the authority concerned shall consider and decide the same in accordance with law expeditiously, preferably within a further period of four months from the date of receipt of representation.

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Certified copy as per rules.

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Sd/(Parth Prateem Sahu) Judge

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roshan/-

Supriya Bhagat v. State of Chhattisgarh

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Supriya Bhagat v. State of Chhattisgarh

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