Pratibha Milind vs. State Of Chhattisgarh
Held
The Court held that while the petitioner is entitled to receive her salary from the date of joining her transferred post, the High Court, in its writ jurisdiction under Article 226 of the Constitution, cannot direct the respondents to assign specific work to a particular individual. The Court observed that the decision on assigning work is the prerogative of the concerned office or department. Therefore, the Court directed the State to take a decision as early as possible, by the next salary payment due in December 2019, to release the petitioner's salary. However, it declined to issue a direction regarding the handing over of work.
Facts
The petitioner, Pratibha Milind, was transferred to the post of Sub-Registrar, Durg, by an order dated 14.08.2019 and joined on 14.10.2019. Her grievance is that she has not been assigned any work and her salary has not been paid since joining. The respondents indicated that salary was not being paid because three Sub-Registrars were already posted and working in Durg. The petitioner sought directions to hand over charge of work and release her salary, arguing she is entitled to salary from the date of joining her transferred post.
Key Issues
1. Whether the petitioner is entitled to be assigned work and receive salary from the date of joining her transferred post as Sub-Registrar, Durg, despite the presence of other incumbents. Petitioner's arguments: The petitioner contended that having joined the transferred post, she is entitled to receive her salary from the date of joining. She relied on Annexures P-3 and P-4 to demonstrate the non-payment of salary and the stated reason for it. She sought a direction for the respondents to hand over charge and release her salary. Respondents' arguments: The respondents, through their submissions, indicated that the reason for non-payment of salary was the existing strength of Sub-Registrars at Durg. The judgment does not record specific arguments from the respondents regarding the petitioner's entitlement to work or salary beyond this.
Sections Cited
Article 226
AI-generated summary — verify with the full judgment below
1 HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 9794 of 2019 Pratibha Milind W/o Late Prem Lal Milind Aged About 61 Years R/o Plot No. 4, Behind Muslim Sanskritik Bhawan, New Subhash Nagar, Kelabadi, Durg, District Durg, Chhattisgarh. --- Petitioner Versus
State of Chhattisgarh through Secretary, Department of Commercial Tax (Registration), Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, Raipur, Chhattisgarh.
Under Secretary Department of Commercial Tax (Registration), Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, Raipur, District : Raipur, Chhattisgarh
Inspector General Registration And Superintendent Of Stamp, Gst Bhawan, Second Floor, Capital Complex, North Block Sector 19, Nava Raipur, Atal Nagar, Raipur, District : Raipur, Chhattisgarh
District Registrar Registrar Office, Durg, Near Patel Chowk, Ganjpara, Durg, District : Durg, Chhattisgarh --- Respondents For the Petitioner : Mr. Ankit Pandey, Advocate For the Respondents : Mr. Priyank Rathi, Panel Lawyer. Hon'ble Shri Justice
Goutam Bhaduri
Order on Board 26 -11-2019
The grievance of the petitioner is that pursuant t
The judgment continues below.
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