Baijnath Rathiya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.158 OF 2017

1. Baijnath Rathiya S/o Shri Ramlal Rathiya, Aged About 32 Years R/o Village Pathalgaon, P.S. And Tahsil Pathalgaon, District Jashpur Chhattisgarh Presently Posted As Teacher Panchayat At Governmet Middle School, Kiriya, Block Dharamjaigarh, District Raigarh Chhattisgarh.

...Petitioner(s)

Versus

1. State Of Chhattisgarh Thorugh Its Secretary Panchayat And Rural Development Department, Mantralaya Bhawan, Naya Raipur,Chhattisgarh

2. Deputy Secretary, Panchayat And Rural Development Department Mantralaya, Naya Rapur, Raipur Chhattisgarh.

3. Chief Executive Officer, Zila Panchayat, Raigarh, District Raigarh Chhattisgarh.

4. Chief Executive Officer, Janpad Panchayat Dharamjaigarh, District Raigarh Chhattisgarh.

... Respondent(s) For Petitioners :

Shri Ashutosh Mishra, Advocate.

For Respondent-State :

Shri Mazid Ali, Dy. Govt. Advocate.

For Respondent No.4 :

Shri Mayank Kumar, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 06.09.2018 1.

Learned counsel for the parties would submit that the issue raised in this petition is squarely covered by order dated 28.11.2017 passed by this Court in WPS No.2530 of 2017 (Mukesh Kumar Patel and another Vs. State of Chhattisgarh and another) and batch of petitions wherein the circular dated 23.04.2016 has been quashed, petitions allowed and it has been declared that the petitioners therein shall be entitled to obtain the benefit of revised pay-scale on completion of 8 years service by including the services rendered by them on a lower post or on the same post. 2.

In view of the aforesaid submission and the impugned order and action is based on circular dated 23.04.2016 which has been quashed in the case referred to herein above, the petition also deserves to be allowed with the direction that the petitioner(s) shall be entitled to obtain the benefit of revised pay-scale on completion of 8 years service by including the services rendered by him / her on a lower post or on the same post.

3. No order as to costs.

Sd/- (P. Sam Koshy Judge inder