ASHWANI KUMAR MIRE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner was earlier working as Teacher (L.B.) and he was placed under suspension by order dtd. 08/06/2020 under Rule 9 of Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966. Thereafter, he preferred WPS No. 2967/2020 questioning the order of suspension whereby he was allowed to make representation for revocation of suspension vide order dtd. 06/08/2020 passed by this Court. In pursuance thereof, petitioner moved a representation and ultimately by order dtd. 21/09/2021 (Annexure P/1) passed by respondent No. 3, his suspension has been revoked, but now he has been posted at Government Middle School, Kandabani, Block Pandariya, District Kabirdham and suspension allowance has been confined for the purpose of pension against which this writ petition has been preferred by him.

(2.) Mr. C. Jayant K. Rao, learned counsel for the petitioner, would submit that while revoking the order of petitioner's suspension, his place of posting could not have been changed and since no departmental action has been taken against him, therefore, he is entitled to be posted at his earlier place of posting and further entitled for full backwages of the suspension period. He would further submit that petitioner may be allowed to make a representation so that he may be posted in District Bemetara where he was earlier working.

(3.) Mr. Amrito Das, learned Additional Advocate General, would invite the attention of this Court in the decision rendered by the Division Bench of this Court in the matter of L.P. Saket v. Chhattisgarh State Civil Supplies Corporation Limited WPS No. 7269/2017 decided on 15/11/2018 wherein it has already been held that it is not a thumb rule that an employee whose suspension has been revoked has a right to be posted and continued in the same place of posting on revocation of suspension, as he only has a lien on the post and not on the place of posting, therefore, the instant writ petition deserves to be dismissed, however, if the representation is made by the petitioner, it will be considered and decided strictly in accordance with law.