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2019 DIGILAW 145 (CHH)

K. M. SAO v. STATE OF CHHATTISGARH, THROUGH SECRETARY

2019-01-22

P.SAM KOSHY

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JUDGMENT : P. SAM KOSHY, J. 1. The grievance of the petitioner in the instant Writ Petition is that, the petitioner while working as a Lecturer at the Government Higher Secondary School, Garhfuljhar, Tahsil Basna, District Mahasamund was ordered vide Annexure-P/1 dated 09/11/1998 to officiate as the Principal of the said "Principal" school till regular appointment of Principal is made. "Principal" 2. It is the contention of the petitioner that, right from 09/11/1998 till 20/08/2009 i.e. for a period of about 11 years, the petitioner continued officiating as Principal of the said school. "Principal" 3. The grievance of the petitioner is that, though the petitioner has worked on the said post for a period of about 11 years, he has not been paid the officiating allowance which he is otherwise entitled for. 4. Though, the petitioner in his petition has claimed for relief of an additional 20% of pay for having discharged the duties of Principal , but "Principal " perusal of reply which the State Government has filed would show that, there is an order passed by the State Government Annexure-R/1 wherein it has been held as under:- ^^1- tc fdlh 'kkldh; lsod dks vius dke ds vykok nwljs ÅWps fjDr in dk dke djus ds funsZ'k fn;s tk;s rks bl ckjs esa l{ke vf/kdkjh }kjk fyf[kr vkSipkfjd vkns'k tkjh fd;s tk,A 2- ,d 'kkldh; deZpkjh dks vius dke ds vykok nwljs ÅWps in dk vfrfjDr dke djus ds fy, ÅWps in ds U;wure ekfld Ekwy osru dk 6-25 izfr'kr dh nj ls nksgjk dk;Z HkRrk fn;k tk,A bl HkRrs dh vf/kdre lhek :i;s 250@ izfrekg gksxhA^^ 5. The plain reading of the aforesaid two clauses would reveal that, both the aforesaid clauses would attract in the case of the petitioner. AnnexureP/1 is an order which would reveal that, there was a proper order in favour of the petitioner for discharging duties as an incharge Principal of the Government Higher Secondary School, Garhfuljhar, Tahsil Basna, District Mahasamund. Under the circular of the State Government itself the petitioner would be entitled for officiating allowance of 6.25% of the basic salary of the post of Principal which he was discharging in the officiating "Principal " capacity or Rs.250/- per month whichever is higher. 6. This aspect it seems has not been considered by the State Government so far as the claim of the petitioner is concerned. 7. 6. This aspect it seems has not been considered by the State Government so far as the claim of the petitioner is concerned. 7. Without entering into the other claims which the petitioner has raised in the Writ Petition, the present Writ Petition stands disposed off with a direction to the respondents No. 2 & 3 to ensure after due verification whether the petitioner has discharged the duty of an officiating Principal "Principal " between 09/11/1998 to 20/08/2009 and if he has worked as an officiating "Principal " Principal of the said school, the petitioner should be paid officiating allowance for the said period. 8. Let this exercise be completed by the respondents No. 2 & 3 within a period of 3 months from the date of receipt of copy of this order. 9. It shall be the responsibility of the petitioner to apprise the respondents No. 2 & 3 so far as the order passed by this Court is concerned. 10. The Writ Petition accordingly stands disposed off.