Pushplata Ramteke v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 545 of 2019

1. Pushplata Ramteke D/o Kamta Prasad Ramteke, Aged About 33 Years, Working As Lecturer (Nagriya Nikay) Govt. Higher Secondary School, Janjgiri (Bmy), Block Dhamdha, District Durg Chhattisgarh.

2. Smt. Poonam Singh W/o Manish Kumar Singh, Aged About 35 Years, Working As Lecturer (Nagriya Nikay) Govt. Higher Secondary School, Kugda, Block Patan, District Durg Chhattisgarh. ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural And Urban Development, Mahanadi Bhawan, Naya Raipur Chhattisgarh.

2. Commissioner Cum Director Directorate Of Panchayat, Naya Raipur, District Raipur Chhattisgarh.

3. Chief Executive Officer Jila Panchayat Raipur, District Raipur Chhattisgarh.

4. Chief Executive Officer Jila Panchayat, Durg, District Durg Chhattisgarh.

5. Chief Municipal Officer Nagar Palika Parishad Kumhari, District Durg Chhattisgarh.

6. Chief Municipal Officer Nagar Palika Parishad Patan, District Durg Chhattisgarh.

---- Respondents For petitioner :

Shri Harish Khuntiya, Advocate.

For State :

Shri Rahul Mishra, Dy.GA.

Hon'ble Shri Justice P. Sam Koshy Order on Board 25/01/2019 1.

The dispute raised in the present writ petition is the non-consideration of the case of the petitioners for grant of revised pay scale on completion of 8

years of service. The denial to the petitioners were that the petitioners have not completed 8 years of service under the same employer. 2.

The grievance of the petitioners were that the petitioners were initially appointed under the Urban Administration Department and subsequently applied for recruitment on the higher post under the Panchayat Department in the year 2013 and taking both the services, the petitioners have completed more than 8 years of service and therefore they are entitled for the benefit of higher pay scale.

3.

The counsel for the petitioners submits that the issue involved in the present writ petition is squarely covered by the judgment of this Court in a bunch of writ petitions disposed off on 27.10.2018. The lead case of which being WPS No. 6147/2018 (Shabnum Khatun v. State of Chhattisgarh & Ors.) 4.

This aspect is not disputed by the State counsel so far as the matter being similar to the one passed in the case of Shabnum Khatun (supra). "

"

5.

Given the facts and circumstances of the case the present writ petition also deserves to be and is accordingly disposed off in similar terms to the order passed in WPS No. 6147/2018 (Shabnum Khatun v. State of Chhattisgarh & Ors).

6.

The writ petition accordingly stands allowed. The petitioners would be entitled for the benefit as prayed for subject to the verification of the case by the Department.

Sd/- (P. Sam Koshy) vivek JUDGE