Zahoor Mohammed Khan v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.4079 of 2008 • Zahoor Mohammad Khan, S/o Shri N. M. Khan, aged about 70 years, Retired Principal, R/o Harra Padav, Keshkal, District Bastar (C.G.) ---- Petitioner

Versus

1. State of Chhattisgarh through the Secretary, Scheduled Tribe and Scheduled Caste Development Department, State of Chhattisgarh, Raipur (C.G.)

2. State of Madhya Pradesh, through the Secretary, Scheduled Tribe and Scheduled Caste Department, Madhya Pradesh, Bhopal

3. The Collector, Bastar, District Jagdalpur (C.G.)

4. The Assistant Commissioner, Tribal Development Department, Bastar, District Jagdalpur (C.G.) ---- Respondents For Petitioner None For Respondent-State Mr. R. K. Bhagat, Dy. GA Hon'ble Justice Shri Sanjay K. Agrawal Order On Board 13/08/2021 1.

On 09.07.2021, the SPC was issued by the Registry to the petitioner for his appearance before this Court on 06.08.2021, but no one

appeared for the petitioner on the said date, thereafter this Court directed the matter to be listed in the next week. Today again the matter is listed, but the petitioner has not appeared.

2.

The petitioner, a retired principal, by way of this writ petition is seeking direction to the respondents to consider the case of the petitioner as per order dated 30.07.1990 (Annexure-P/3) for fixation of pay in the pay scale of Rs.2375-75-3200-100-3500-125-4125, revised pension, payment of arrears, project allowances, HRA allowances, etc. The petitioner has also served a legal notice/representation (Annexure-P/9) to the respondent authorities in this regard.

3.

Learned State counsel would submit that the petitioner's representation shall be decided expeditiously.

4.

Be that as it may, since the petitioner had already retired from the post of Principal on 31.03.1998 before filing of the present petition, the respondent authorities,

particularly the respondent No.1, are directed to consider and decide the case of the petitioner for grant of the aforesaid benefits in light of the order dated 30.07.1990 (Annexure-P/3) by a reasoned and speaking order within 45 days from the date of receipt of copy of this order. The petitioner is at liberty to make additional representation, if any, within 2 weeks from today.

5.

Since the petitioner is not appearing and is a retired person, the Registry is directed to send the copy of this order to the petitioner by registered post on his address given in the writ petition so that he may file additional representation.

6.

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

Sd/- Sanjay K. Agrawal Judge Nirala