Dr. Smt. Saroj Bala Shyag Bishnoi v. State Of C.G. And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.3533 of 2010 Dr.Smt.Saroj Bala Shyag Bishnoi wife of Shri Manoj Bishnoi, aged about 46 years, working as Assistant Professor (Home Science), Vivekanand Govt.P.G. College, Manendragarh, District Koriya (CG) ---- Petitioner

Versus

1. State of Chhattisgarh, through the Secretary, Higher Education Department, D.K.S. Bhawan, Raipur (CG)

2. The Commissioner, Higher Education Department, Directorate, Science College Campus, Raipur (CG)

3. The Principal, Vivekanand Govt.P.G.

College, Manendragarh, District Koriya (CG) ---- Respondents For Petitioner : Mr.V.K.Pandey, Advocate For Respondents/State : Mr.Ravi Kumar Bhagat, Dy.G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 26.7.2021

1. Proceedings of this matter have been taken-up through video conferencing.

2. Mr.V.K.Pandey, learned counsel for the petitioner, would submit that the petitioner is appointed on emergency basis and therefore, she is entitled for Senior Pay Scale and Selection Grade Pay Scale from the date of her initial appointment and identical writ petition involved similar question has already been decided by a coordinate Bench of this Court in WPS No.785/2015 (Dr.Phool Das Mahanat v. The State of Chhattisgarh and others), decided on 22.9.2015. Therefore, the petitioner may be allowed to make a fresh representation in the

light of order passed by a coordinate Bench of this Court in Dr.Phool Das Mahanat (supra).

3. Mr.Ravi Bhagat, learned Deputy Government Advocate for the State/respondents, would submit that against the order passed in Dr.Phool Das Mahanat (supra) no writ appeal has been preferred by the State Government, as such, the petitioner may be allowed to make a fresh representation, which will be considered by the respondents-State in accordance with law.

4. Be that as it may, the petitioner is allowed to make a fresh representation to the State Government in the light of decision of a co-ordinate Bench of this Court in Dr.Phool Das Mahanat (supra) within 30 days from today, which will be considered by the State Government within next 45 days from the receipt of representation without being prejudiced by rejection of earlier representation and pass a reasoned and speaking order. The petitioner is at liberty to make a fresh representation along with a copy of order passed in Dr.Phool Das Mahanat (supra).

5. With the aforesaid observation / direction, the writ petition finally stands disposed of. No order as to cost(s).

Sd/- (Sanjay K.Agrawal) Judge B/-