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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
W.P(S) No.2138 of 2017
Madhumalini John Wd/o Somesh John, Aged About 40 Years R/o B
- 102, Siyaram Apartment, Near Utsaw Vatika Mangla Chowk
Bilaspur, Tahsil And District Bilaspur Chhattisgarh. ---- Petitioner
Versus
1. State Of Chhattisgarh Through Secretary Department Of Technical
Education Mantralaya Capital Complex, Mahanadi Bhawan New
Raipur, Police Station And Post New Raipur, Tehsil And District
Raipur Chhattisgarh.
2. Director, Directorate Of Technical Education, Block 03, Third-Fourth
Floor Indravati Bhawan, Raipur, Tehsil And District Raipur
Chhattisgarh.
3. Principal, Ram Krishna Rathore, Government Polytechnic Janjgir,
District Janjgir Champa Chhattisgarh. ---- Respondents
For Petitioners: Shri Vivek Sharma appears on behalf of
Shri Vineet Kumar Pandey, Advocates.
For Respondents/State: Shri Rajeev Bharat, G.A.
Hon'ble Shri Justice Deepak Kumar Tiwari
Order on Board
29.02.2024
1. This Petition has been filed by the Petitioner under Article 226
of the Constitution of India for payment of salary amounting to
Rs.70,642/- w.e.f. 29.10.2016 to 09.01.2017 on the post Contract
Lecturer (Chemistry) under the institute of Respondent No.3.
2. The facts of the case in brief are that the Petitioner has initially
been appointed as a Contract Lecturer (Chemistry) under the institute
of Respondent No.3 and her salary amounting to Rs.70,642/- for the
period commencing from 29.10.2016 to 09.01.2017 was not paid.
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Hence, this Petition.
3. Shri Sharma, learned Counsel appearing for the Petitioner
submits that this Petition may be disposed of grating liberty to the
Petitioner to file a representation before the Respondent authorities,
who in turn, shall decide the same within a stipulated time frame.
4. Shri Bharat, learned State Counsel submits that the Petitioner
has not been appointed as a Contract Lecturer but has been engaged
as a part time Lecturer (Chemistry) and according to the terms of her
appointment, payment has already been made to her, however, if she
files a representation for the same within a stipulated period before
the Respondent authorities, then the same shall be decided by way of
a speaking order.
5. Having heard the submissions made by learned Counsel for the
parties and having regard to the facts and circumstances of the case,
this Court hereby directs that if the Petitioner files a representation
before the concerned Respondent authorities within a period of 2
weeks from the date of passing of this order, then the said authorities
shall decide the same strictly in accordance with law as per rules in
an expeditious manner within an outer limit of 6 months.
6. With the aforesaid observation, the instant Petition stands
disposed of. Sd/-
(Deepak Kumar Tiwari)
Judge
Priya