Shalini Gavel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 687 of 2021

1. Shalini Gavel W/o Vinay Gavel, Aged About 38 Years, R/o B 408, Chaitanya Tower, Daldal Seoni Road, Mowa, Raipur, Chhattisgarh

2. Anamika Shrivastava W/o Rajesh Kumar, Aged About 40 Years, R/o A6, Vinayak Vihar Colony, Sector 3, Shivanand Nagar, Raipur, Chhattisgarh

3. Amit Kumar Verma S/o Ashok Kumar Verma, Aged About 39 Years, R/ o H.No. 18/1326, Asha Nivas, Fafadih, Behind Wallfort Ozone, Bhawani Diagnostic Gali, Raipur, Chhattisgarh

4. Mohan Dewangan S/o Shivswarup Dewangan, Aged About 35 Years R/o Naya Amapara, Raju Kirana Stores, Near Water Tank, Durg Chhattisgarh

5. Vikas Verma S/o D.R. Verma, Aged About 38 Years, R/o J/641, Janta Colony, Gudiyari, Raipur , Chhattisgarh

6. Ravindra Sukhdeve S/o T.D. Sukhdeve, Aged About 43 Years R/o J/604, Janta Colony, Gudiyari , Raipur, Chhattisgarh

7. Ashok Singh Paikra S/o Kumar Singh Paikra, Aged About 38 Years, R/ o Flat No. 402, Block F2, Sector 17, Naya Raipur, Atal Nagar, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Food, Civil Supplies And Consumer Protection Department, Address Mahanadi Bhawan, Mantralaya , Atal Nagar, Naya Raipur, Chhattisgarh

2. Chhattisgarh State Civil Supplies Corporation Limited Through Managing Director, Address Sector 24, Office Complex , Block 7 A, Second Floor, Atal Nagar, Nava Raipur, Chhattisgarh

3. Chairman, Chhattisgarh State Civil Supplies Corporation Limited,

Address Sector 24, Office Complex , Block 7 A, Second Floor , Atal Nagar, Naya Raipur, Chhattisgarh

4. Manager (Administration) Chhattisgarh State Civil Supplies Corporation Limited, Address Sector 24, Office Complex, Block 7 A, Second Floor, Atal Nagar, Naya Raipur, Chhattisgarh ---- Respondents For Petitioners :

Mr. Pankaj Singh, Advocate For State :

Mr. Alok Bakshi, Addl. A.G.

For CG Civil Supplies :

Mr. Vivek Ranjan Tiwari, Adv.

Corporation Ltd.

Hon'ble Shri Justice P. Sam Koshy Order On Board 18.02.2021

1. The grievance of the petitioners in the present writ petition appears to be the pay anomaly in the pay scale payable to the Assistant Computer Programmers who are claiming parity to the pay scale that has been given to the Assistant Manager/Assistant Account Officer.

2. According to the petitioners, as per 5th Pay Commission, the petitioners were granted pay scale of Rs. 5500-175-9000 which in the subsequent pay revision, at the time of 6th Pay Commission, it got revised to Rs.9300-34800 with Grade Pay of 4300. As per the recommendations of 7th Pay Commission, the petitioners were placed at pay band of Rs.9300-34800 i.e. Level-9.

3. The grievance of the petitioners is that the Corporation vide order dated 25.05.2005 without any rational basis have revised the pay scale of Assistant Manager/Assistant Account Officers and brought them in the pay band of 6500-200-10500 from the pay band of 5500-175-9000 as per the 5th pay commission. Subsequently, when 7th Pay Commission recommendations were implemented, Assistant Manager/Assistant

Account Officers were placed at pay band of 15600-39100 i.e. Level10. According to the petitioners, when all along the pay scale of the three posts referred above was same, there was no occasion for the respondents to have revised or enhanced the pay scale of only Assistant Manager/Assistant Account Officers. Counsel for the petitioner submits that the petitioners also ought to have been given the similar treatment and on the ground of parity, they should have also been paid the same pay scale. According to the petitioners, they have already made repeated representations to the respondents but till date no effective decision has been taken by the authority concerned.

4. Learned counsel appearing for the Chhattisgarh Civil Supplies Corporation at this juncture submits that since the representations of the petitioners are pending consideration, the Corporation shall consider the same in accordance with the rules and regulations and also the policies governing the field and an appropriate decision shall be taken at the earliest.

5. Given the said facts, the writ petition at this juncture stands disposed of directing the respondents 2 & 4 to take an appropriate decision on the claim of the petitioners so far as the alleged pay anomaly in the pay scale of Assistant Computer Programmer vis-a-vis the pay scale that has been granted to Assistant Account Officer/Assistant Manager is concerned, in accordance with the rules and the circulars governing the field. Let a decision be taken at the earliest preferably within a period of 4 months from the date of receipt of copy of this order.

6. The writ petition accordingly stands disposed of. Sd/- P. Sam Koshy Judge Khatai