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High Court Of ChhattisgarhWPS/44/2016disposed off

Tejumal Sambhwani v. State Of Chhattisgarh

2018-05-14Hon'Ble Shri Justice Manindra Mohan Shrivastava4 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 44 of 2016

1. Tejumal Sambhwani S/o Shri Nanakram, Aged About 57 Years Occupation Sub Inspector M, Working Under The Office Of Police Head Quarter, General Branch, P.S. Rakhi, District Raipur,

2. Smt. Indra Mukhtiya, W/o Late Shri R.S. Mukhtiyar, Aged About 54 Years Occupation Sub Inspector M Working Under The Office Of Police Head Quarter, General Branch, P.S. Rakhi, District Raipur,

3. Paskal Ekka, S/o Late Shri Markus Ekka, Aged About 56 Years Occupation Auditor, Working Under The Office Of Police Head Quarter, General Branch, P.S. Rakhi, District Raipur, Chhattisgarh,

4. L. N. Sharma, S/o Late Shri S. B. Sharma, Aged About 56 Years Occupation Subedar M, Working Under The Office Of Police Head Quarter, General Branch, P.S. Rakhi, District Raipur, Chhattisgarh,

5. S. P. Shukla, S/o Late Shri Shivnath Prasad Shukla, Aged About 59 Years Occupation Subedar M, Working Under The Office Of Police Head Quarter, General Branch, P.S. Rakhi, District Raipur,

6. Smt. Shanti Ekka, W/o Praskai Ekka, Aged About 52 Years Occupation Subedar M, Working Under The Office Of Police Head Quarter, General Branch, P.S. Rakhi, District Raipur, Chhattisgarh,

7. Smt. Meena Naranvare, W/o Shri Narendra Naranvare, Aged About 54 Years Occupation Subedar M, Working Under The Office Of Police Head Quarter, General Branch, P.S. Rakhi, District Raipur,

8. B. S. Tomar, S/o Shri Fool Singh Tomar, Aged About 60 Years Occupation Subedar M, Working Under The Office Of Police Head Quarter, General Branch, P.S. Rakhi, District Raipur, Chhattisgarh,

9. Smt. Neelima Sharma, W/o Shri L. N. Sharma, Aged About 53 Years Occupation Sub Inspector M, Working Under The Office Of Superintendent Of Police Rail, P.S. Ganj, District Raipur, Working Under The Office Of Police Head Quarter, General Branch, P.S. Rakhi, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, Home Police Affairs And Finance, Home Police Department, Mahanadi Bhawan, New Mantralaya, Raipur, Chhattisgarh, Chhattisgarh

2. The Director General Of Police, Police Head Quarters, Raipur,

3. The President/ Members Of Committee, Home Police And Finance Department, Mahandi Bhawan, New Mantralaya, Raipur, WPS No. 45 of 2016

1. Prakash Deshmukh S/o Late Shri Onkar Rao Deshmukh, Aged About 61 Years Occupation Sub Inspector M Retired Under The Office Of Plice Head Quarter, P.S. Rakhi, District Raipur

2. Smt. Goureti Kerketa Lakra, W/o Shri Joseph Lakra, Aged About 51 Years Occupation Sub Inspector, M Working Under The Office Fo Police Head Quarter, P.S. Rakhi, District Raipur Chhattisgarh,

3. Motiram Verma, S/o Late Shri Mathuram, Aged About 52 Years Occupation Sub Inspector, M Working Under The Office Fo Police Head Quarter, P.S. Rakhi, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

4. K.J. Joshy, S/o Late K.M. Jaan, Aged About 53 Years Occupation Sub Inspector, M Working Under The Office Fo Police Head Quarter, P.S. Rakhi, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

5. Yadvendra Singh S/o Late Shri Awadh Bihari, Aged About 60 Years Occupation Subedar M Working Under The Office Fo Police Head Quarter, P.S. Rakhi, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

6. Mohammad Anwar Khan, S/o Late Shri Mohammad Abdul, Aged About 60 Years Occupation Subedar M Working Under The Office Fo Police Head Quarter, P.S. Rakhi, District Raipur Chhattisgarh,

7. Libnoos Tigga, S/o Late Shri Piyush Tigga, Aged About 58 Years Occupation Subedar M Working Under The Office Fo Police Head Quarter, P.S. Rakhi, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

8. Rambabu Raghuvanshi S/o Late Shri B.P. Raghuvanshi, Aged About 59 Years Occupation Subedar M Working Under The Office Fo Police Head Quarter, P.S. Rakhi, District Raipur Chhattisgarhf,

9. Daulat Ram S/o Late Shri Nirmal Das, Aged About 60 Years Occupation Subedar M Working Under The Office Fo Police Head Quarter, P.S. Rakhi, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 10.Lgnasiyus Ekka, S/o Late Shri Raphel Ekka, Aged About 54 Years Occupation Subedar M Working Under The Office Fo Police Head

Quarter, P.S. Rakhi, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, Home Police Affairs And Finance, Home Police Department, Mahandi Bhawan, New Mantralaya, Raipur Chhattisgarh, Chhattisgarh

2. The Director General Of Police, Police Head Quarters, Raipur Chhattsigarh, District : Raipur, Chhattisgarh

3. The President / Member Of Committee, Home Police And Finance Department, Mahanadi Bhawan, New Mantralaya, Raipur WPS No. 46 of 2016

1. Rewa Ram Prajapati S/o Shri Kalu Ram Prajapti, Aged About 53 Years Occupation Sub Inspector M, Working Under The Office Of Police Head Quarter, General Branch, P. S. Rakhi, District Raipur

2. Lalmani Sen, Occupation Subedar M, Working Under The Office Of Police Head Quarter, General Branch, P. S. Rakhi, District Raipur Chhattisgarh

3. Ravindra Ogley S/o Shri Tulsi Ramji, Aged About 49 Years Occupation Subedar M, Working Under The Office Of Police Head Quarter, General Branch, P. S. Rakhi, District Raipur Chhattisgarh,

4. Sushil Kumar Mishra, S/o Late Shri Prameshwar Deen Mishra, Aged About 50 Years Occupation Constable M, Working Under The Office Of Police Head Quarter, General Branch, P. S. Rakhi, District Raipur

5. Jageshwar Prasad Jaiswal S/o Late Shri Phool Prasad Jaiswal, Aged About 52 Years Occupation Constable M, Working Under The Office Of Police Head Quarter, General Branch, P. S. Rakhi, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, Home Police Affairs And Finance, Home Police Department, Mahanadi Bhawan, New Mantralaya, Raipur Chhattisgarh, Chhattisgarh

2. The Director General Of Police, Police Head Quarters, Raipur

3. The President/ Members Of Committee, Home Police And Finance Department, Mahanadi Bhawan, New Mantralaya, Raipur

------------------------------------------------------------------------------------------- For petitioners :

Mr. Prakash Tiwari, Advocate.

For State :

Mr. Majid Ali, Dy. GA ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order on Board 14/05/2018 1.

The petitioners claim for grant of pay benefits that has not been disputed by the State of Chhattisgarh but what is reflected from the return is that the State of Chhattisgarh has already communicated to the State of M.P. for appropriate steps after reorganization. Learned counsel for the petitioner would submit that in the case of identically situated employee Hira singh Payak, who had earlier filed petition before this Court, direction was issued for consideration whereafter order has been passed on 26-082017, therefore, in the case of the petitioners also, similar direction may be issued.

2.

This Court finds that in the case of Hira Singh Payak ( Petitioner in WPS No. 3547/2016), an order has been passed on 26-08-2017. If the case of the petitioners is identically situated as the case of the Hira Singh Payak, the respondent shall consider similar arrangements in the case of petitioners also. Let decision in this regard be taken within an outer limit of three months. Considering that the State of Chhattisgarh has already sent communication to the State of M.P., State of Chhattisgarh shall do well to communicate this order to State of M.P. and that necessary steps are required to be taken in this regard to ensure timely compliance of the order. 3.

Accordingly, the petitions are disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Rohit