Hans Raj Baghel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 333 of 2020 • Hans Raj Baghel S/o Late Nokhu Ram Baghel Aged About 50 Years Presently Working As Class IV Employee At Veterinary Hospital Subcenter Daudekala, Block - Dharshiva, Tahsil - Raipur, District - Raipur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary Department Of Veterinary Services, Mantralaya Capital Complex, Mahanadi Bhawan, Atal Nagar Raipur, District - Raipur, Chhattisgarh

2. The Director Department Of Veterinary Services, Mantralaya Capital Complex, Indrawti Bhawan, Atal Nagar Raipur, District - Raipur, Chhattisgarh

3. Join Director Department Of Veterinary Services, Mandi Get Pandri, Raipur Division, District - Raipur, Chhattisgarh ---- Respondents For Petitioner :

Mr. A. K. Yadav, Advocate For State :

Mr. Kunnal Das, P.L.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 16/01/2020

1. Learned counsel for the petitioner would submit that the issue involved in the present writ petition has already been considered and decided by this Court in WPS No. 7571 of 2019, therefore, the same order may be passed in the present writ petition also.

2. This Court in WPS No.7571 of 2019 on 23.09.2019 has passed the following order:-

1. This petition has been filed by the petitioner seeking direction for consideration on his claim for grant of pay scale of Rs. 2550-3200 from the year 1997 along with all the arrears on the ground that as

per Governments' Circular dated 10-05-1984 (as issued by State of Madhya pradesh) upon completion of three years of service as his pendency as he his contingency employee by the time, the petitioner is entitled to regular pay scale. It is submitted that in some other case, similarly situated part time sweepers have been granted such benefit upon completion of three years of service as contingency part time sweepers.

2. Learned counsel for the petitioner has referred to orders dated 19-07-2017 passed in WPS No. 3155/2017 and order dated 21-07-2010 passed by this Court in WPS No. 3510/2010. The aforesaid two orders was the petitions filed earlier were disposed off with direction to consideration of the claim.

3. Learned counsel for the State would submit that the petitioner's claim shall be examined on the basis of extent and applicable circulars issued by the Government from time to time. In the matter of grant of pay scale to contingency part time sweepers working by the State Government, including such circulars, if any, made applicable to the Veterinary Department.

4. In the light of statement made by the learned counsel for the parties, I did not keep this matter pending. This petition, at this stage without commenting upon the merits of the case disposed off with direction to the respondent No. 3, Joint Director, Veterinary Services, Raipur Division, Raipur (C.G.) to examine the

petitioner's claim under the applicable Government Circulars and take decision thereon within a period of three months from the date of receipt of copy of this order. Accordingly, the petition is disposed off.

3. Learned State counsel has no objection.

4. It is ordered accordingly. The ratio laid down in the case supra shall also govern the cause of lis in this case and will have the same effect and operation.

5. With such observation, the writ petition stands disposed of. Sd/- (Goutam Bhaduri Judge Jyoti