Smt. Vimla Sharma vs State Of Chhattisgarh
2022 Latest Caselaw 4997 Chatt

                                    1

                                                                   NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR
                       Writ Appeal No. 414 of 2022

Smt. Vimla Sharma, W/o Girija Shankar, aged about 56 years, Presently
Working as Project Officer at Integrated Child Development Scheme
Rajnandgaon (Rural-II), District - Rajnandgaon (C.G.)

                                                            ---- Appellant

                                 Versus

1.   State of Chhattisgarh, through Secretary, Women and Child
     Development Department Mantralaya Mahanadi Bhawan, Capital
     Complex, Nawa Raipur Atal Nagar, Raipur, District - Raipur (C.G.)

2.   Director, Directorate of Women and Child Development Nawa
     Raipur, Atal Nagar, District Raipur (C.G.)

3.   Collector Rajnandgaon, District : Rajnandgaon (C.G.)

4.   District Programme Officer Women and Child Development
     Department Rajnandgaon District - Rajnandgaon (C.G.)

5.   District Treasury Officer, Rajnandgaon, District : Rajnandgaon
     (C.G.)

                                                       ---- Respondents

(Cause-title taken from Case Information System)

For Appellant : Mr. Harshmander Rastogi, Advocate. For Respondents : Ms. Astha Shukla, Government Advocate.

Hon'ble Shri Arup Kumar Goswami, Chief Justice

Hon'ble Shri Justice Parth Prateem Sahu, Judge

Judgment on Board

Per Arup Kumar Goswami, Chief Justice

04.08.2022

Heard Mr. Harshmander Rastogi, learned counsel for the appellant.

Also heard Ms. Astha Shukla, learned Government Advocate, appearing

for the respondents.

2. This writ appeal is presented against an order dated 20.07.2022

passed by the learned Single Judge in Writ Petition (S) No. 4939 of 2022,

whereby the writ petition was dismissed.

3. The appellant was promoted as Project Officer from the post of

Supervisor and was posted at Integrated Child Development Scheme,

Rajnandgaon by an order dated 08.10.2021. The appellant had assumed

charge on 15.11.2021.

4. Though not clearly stated in the writ petition, Mr. Rastogi submits

that subsequently, by an order dated 23.11.2021, the appellant was given

financial charge.

5. The appellant approached this Court by filing the writ petition, out of

which the present appeal arises, against the order dated 01.07.2022 by

which financial charge has been handed over to 'private respondent-

Preet Ram Khutel', who is also a Project Officer, on the ground that the

appellant was found deficient in discharging financial work. It is to be

noted that Preet Ram Khutel was not made a party respondent though

referred to as a respondent in the pleadings.

6. The learned Single Judge, by the order impugned, had taken a view

that in a matter of present nature, it is the prerogative of the government

to assign work to the employee and accordingly, dismissed the writ

petition.

7. Mr. Rastogi submits that the appellant is being pressurized in

respect of payment of pending bills, without making available any record

of several schemes of the year 2017-18, 2018-19, 2019-20 and 2021-21

and that is the ostensible reason for divesting the appellant of the

financial charge.

8. Ms. Astha Shukla, learned Government Advocate, on instructions,

submits that the allegation made by the appellant is not correct and that

recourse had to be taken to issue the order dated 01.07.2022 as without

any justification, staff payments had not made by the appellant for the

months of May and June. She has submitted that the officer now

entrusted with financial charge had released the payment of salary to the

staff as well as the honorarium to the anganbadi workers for the months

of May and June.

9. On due consideration, we are of the opinion that no interference is

called for with regard to the order of the learned Single Judge.

Consequently, the writ appeal is dismissed. No cost.

                          Sd/-                                 Sd/-
                  (Arup Kumar Goswami)                  (Parth Prateem Sahu)
                      Chief Justice                           Judge


Brijmohan