Shri Ramlal Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 21 of 2020 Shri Ramlal Patel S/o Late Shri Kaushal Patel Yadav Aged About 63 Years R/o In Front Of Govt. High School, Village Bijor Police Station Sarkanda, District Bilaspur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Department Of Home And Police Affairs, Secretariat, Mahanadi Bhawan, New Raipur, Police Station And Post Rakhi, District Raipur, Chhattisgarh

2. Director General Of Police Police Head Quarter, Civil Line, Police Station Civil Line, District Raipur, Chhattisgarh

3. The Secretary Finance Mahanadi Bhawan, Mantralay Bhawan, Raipur, District Raipur, Chhattisgarh

4. The Director (Treasury, Audit And Accounts) Raipur, District Raipur Chhattisgarh.

5. Joint Director Of Division (Funds Account And Pension) Bilaspur, District Bilaspur Chhattisgarh

6. The Superintendent Of Police Bilaspur, Police Station Civil Line District Bilaspur Chhattisgarh ---- Respondents For Petitioner :

Mr. Badruddin Khan, Advocate For Respondents/State :

Mr. Priyank Rathi, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 07.01.2020 Heard.

1. Learned counsel for the petitioner submits that the petitioner who worked as Head Constable was retired from service in the year 2018 and he had joined the service on 28.02.1979. It is contended that he was given two time payscale and according to the circular dated 08.08.2018 (Annexure P-2) issued by the State, the employees who have completed 30 years of service and

have got only two promotions would be considered for third time scale pay. It is contended that since the petitioner was appointed in the year 1979 and retired in 2018, therefore, he may be given third time pay-scale.

2. It is not in dispute that the petitioner has worked for more than 30 years and he retired in the year 2018. According to the circular dated 08.08.2018 the persons who have qualified services of 30 years subject to the applicability of different rules and satisfaction of the others limitation would be given the third time pay-scale.

3. The petitioner contends that the petitioner may be allowed to make a detailed representation, so that the petitioner may be able to know his position and the entitlement and as per the petition he is entitled for third time pay-scale.

4. Considering the prayer made, at this stage, petitioner is given liberty to make a representation to the respondent No.6, Superintendent of Police, Bilaspur, within a period of three weeks and thereafter, the Superintendent of Police, Bilaspur shall decided such representation in terms of the applicable circular and shall decide the entitlement of the petitioner for third time pay-scale. It is further made clear that this Court has not passed any opinion on merit as to the entitlement of the petitioner, it would be decided in the facts of this case and the existing circular of the State in accordance with law within a period of four months.

5. With the aforesaid observation, the writ petition stands disposed of. Sd/- Goutam Bhaduri Judge yasmin