Amit Kumar Manjhi vs State Of Chhattisgarh & Ors.

By the present writ petition, the petitioner is seeking a direction towards the respondent authorities to restrain them from deducting any amount from his salary and further seeks a direction to refund the amount already deducted from his salary for the months of December, 2025, and July and August, 2026, along with applicable interest.

Learned counsel for the petitioner submits that the petitioner was appointed as Assistant Grade-03 vide order dated 27.09.2019 and posted at Government Boys Higher Secondary School, Ramanujganj. He submits that after joining on 03.10.2019, the petitioner has been continuously discharging his duties without any complaint. However, despite being paid a monthly salary of Rs.23,300/- from July 2025 to November 2025 and from January to June 2026, his salary was reduced to Rs.19,500/- for December 2025 and July-August 2026, without assigning any reason. He further submits that the petitioner has already submitted representations seeking payment of the deducted salary and disclosure of the reason for such deduction, but the same have not been considered. Hence, the present petition for appropriate direction towards the respondent authorities.

On the last date of hearing, the learned State counsel was directed to seek institutions as to why some portion of the petitioner’s salary has been deducted from the year 2025 to 2026.

In compliance with the aforesaid direction, learned State counsel, on instructions and by referring to Annexure P/1, i.e. the appointment order dated 27.09.2019, submits that Clause 5 of the appointment order specifically required the petitioner to produce, within a period of one year and six months, a certificate/diploma from a recognized institution in Data Entry Operator/Programming along with the prescribed Hindi computer typing qualification at the speed of 5,000 key depressions per hour. She submits that the petitioner failed to produce the requisite qualification within the stipulated period and, consequently, his increment/basic pay was reduced, resulting in deduction from his salary. It is, therefore, submitted that the petitioner does not possess the requisite qualification as prescribed under the appointment order.

At this stage, learned counsel for the petitioner submits that the petitioner has already acquired the requisite qualification and has placed the same before the concerned authority/ Principal, Govt. Boys Higher Secondary School, Ramanujganj, but the same has not been considered by the respondent till date.

I have heard learned counsel for the parties and perused the material available on record.

In view of the condition contained in Clause 5 of the appointment order dated 27.09.2019, the petitioner was required to produce the requisite qualification within the stipulated period. As the petitioner submits that he has already acquired and submitted the requisite qualification before Principal of the concerned school, the petitioner is directed to produce the certificate/qualification, if any, acquired by him after his appointment, as required under Clause 5 of the appointment order, before the District Education Officer concerned.

In the event the petitioner produces the said documents before the District Education Officer, the concerned District Education Officer shall verify and examine the qualification of the petitioner and thereafter pass an appropriate order in accordance with law and the conditions contained in the appointment order dated 27.09.2019.

The aforesaid exercise shall be completed within a period of 50 days from the date of receipt of the requisite documents from the petitioner.

With the aforesaid direction and observation, the writ petition stands disposed of.