GIRIJA PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the matter is heard finally and disposed off at the motion stage.

(2.) Challenge in the present petition is for grant of wages for the period with effect from 18-04-2016 to 05-01-2017, during which period, by an illegal order dated 18-04-2016, the petitioner had been transferred from District Raigarh to Baloda Bazar.

(3.) Brief facts of the case are that on 18-04-2016, the Chief Executive Officer, Zila Panchayat, Raigarh had passed an order transferring the petitioner from District Raigarh to Baloda Bazar and also transferred other similarly placed persons. Similar order of transfer were passed by the Chief Executive Officer of other Zila Panchayat all over the State. Challenging such transfer orders, a bunch of writ petitions came up for hearing before this Court (WPS No.1273 of 2016 and batch of petitions). The petitioner's writ petition was registered as WPS No.1757 of 2016. All these writ petitions were allowed vide order dated 23-12-2016 along with WPS No.1273 of 2016 and batch of petitions. In the said judgment, the categoric finding of this Court is that the Chief Executive Officer of Zila Panchayat lacks competence and jurisdiction as also there is no statutory power conferred on him for passing the said transfer order and all the transfer orders were set aside. As a consequence of petitions being allowed, the petitioner was permitted to work at the place from where she was transferred. The petitioner joined her service at the original place of posting at Raigarh on 05-01-2017.