High Court Of ChhattisgarhWPS/1170/2018disposed off

Chuman Lal Thakur v. State Of Chhattisgarh

2018-02-06Hon'Ble Shri Justice Manindra Mohan Shrivastava5 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1170 of 2018

1. Chuman Lal Thakur S/o Shri Baliyar Singh Thakur Aged About 44 Years School Nahanda, Block Dondilohara, District Balod Chhattisgarh., District : Balod, Chhattisgarh

2. Digeshwar Sahu S/o Shri Narayan Sahu, Aged About 31 Years Working As Teacher (Panchayat) And Posted At Govt. Middle School Temari, Block Patan, District Durg Chhattisgarh., District : Durg, Chhattisgarh

3. Vijay Sinha S/o Shri Devnath Sinha, Aged About 43 Years Working As Assistant Teacher (Panchayat) And Posted At Govt. Primary School Karla Bandali, Devbhog, District Gariyaband Chhattisgarh., District : Gariyabandh,

4. Smt. Pushpanjali Sinha, W/o Shri Rajesh Sinha, Aged About 36 Years Nahargaon, District Gariyaband Chhattisgarh., District : Gariyabandh,

5. Onkar Prasad Padoti, S/o Puranik Lal Padoti Aged About 32 Years Working As Teacher (Panchayat) And Posted At Govt. Middle School Mongari, Block

6. Dariyav Ganvare S/o Shri Rajau Ram, Aged About 44 Years Working As Lecturer (Panchayat) And Posted At Govt. Higher Secondary School Nahanda, Block D. Lohara, District Balod Chhattisgarh., District : Balod,

7. Ku. Komal Rupnarayan, D/o Shri Sahdev Rupnarayan Aged About 28 Years School Devri (Kh), Block Gunderdehi, District Balod Chhattisgarh., District : Balod, Chhattisgarh

8. Smt. Nishi Sahu, W/o Vijayanand Sahu Aged About 30 Years Working As Lecturer (Panchayat) And Posted At Govt. Higher Secondary School Kamraud, Block Gunderdehi, District Balod Chhattisgarh., District : Balod,

9. Smt. Smita Ratre W/o Shri Samaru Ram Ratre Aged About 34 Years Working As Lecturer (Panchayat) And Posted At Govt. Higher Secondary School Jamgaon, Block Fingeshwar, District Gariyaband Chhattisgarh., District : Gariyabandh, Chhattisgarh 10.Krishna Kumar Sahu, S/o Shri Sahdev Ram Sahu, Aged About 31 Years Working As Assistant Teacher (Panchayat) And Posted At Govt. Higher Secondary School Khalari, Block Dondi, District Balod Chhattisgarh.,

11. Smt. Manisha Bharti W/o Shri Nemeechand Bharti, Aged About 37 Years

School Kanwar, Block Gurur, District Balod Chhattisgarh., District : Balod, 12.Smt. Shibi Bhavesh W/o Shri Bhavesh Sem, Aged About 43 Years Working As Lecturer (Panchayat) And Posted At Govt. Higher Secondary School Hatranka, Block Saja, District Bemetara Chhattisgarh., District : Bemetara, 13.Smt. Bhawna Vaishnav, W/o Shri Arujun Das Vaishnav Aged About 42 Years Chhotwani, Block Saja, District Bemetara Chhattisgarh., District : Bemetara, 14.Tikendra Bhediya S/o Shri Roman Singh Bhediya, Aged About 37 Years Working As Lecturer (Panchayat) And Posted At Govt. High School Markeli, Block Manpur, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, 15.Abbas Alam S/o Shri Khurshid Ali, Aged About 42 Years Working As Teacher (Panchayat) And Posted At Govt. Higher Secondary School Chaurel, Block 16.

Santosh Kuamr Ganvare S/o Shri Ratan Lal Ganvare, Aged About 40 Years School Chaurel, Block Gunderdehi, District Balod Chhattisgarh., District : Balod, Chhattisgarh 17.Ku. Deepika Vaide D/o Shri Shyam Lal Vaide, Aged About 32 Years Working As Lecturer (Panchayat) And Posted At Govt. Higher Secondary School Kotera, Block D. Lohara, District Balod Chhattisgarh., District : Balod, 18.Smt. Kanchana Kambde W/o Shri Suresh Kambde Aged About 44 Years Working As Lecturer (Panchayat) And Poste At Govt. Higher Secondary School Latabod, District Balod Chhattisgarh., District : Balod, Chhattisgarh 19.Hemnath Arya S/o Shri Kanhaiya Lal Arya, Aged About 41 Years Working As Lecturer (Panchayat) And Posted At Govt. High School Kanadari, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 20.Smt.

Satyawati Lakra, W/o Shri Habil Lakra, Aged About 40 Years Working As Lecturer (Panchayat) And Posted At Govt. Higher Secondary School Vrindaban, Block Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 21.Rajesh Kumar Netam, S/o Shri Amru Ram Netam Aged About 40 Years Working As Lecturer (Panchayat) And Posted At Govt. High School Asebeda, Block Koylibeda, District Kanker Chhattisgarh., District : Kanker, Chhattisgarh 22.Smt. Shikha Rani Sahu W/o Shri Madhusudan Sahu, Aged About 35 Years School Sahgaon, Block Dondilohara, District Balod Chhattisgarh.

23.Prem Singh Mandavi, S/o Shri Ramji Mandavi Aged About 44 Years Working As Lecturer (Panchayat) And Posted At Govt. High School Mayapur, Block Koyalibeda, District Kanker Chhattisgarh., District : Kanker, Chhattisgarh 24.Smt. Pushpalata Sahu, W/o Shri Chandra Prakash Sahu, Aged About 38 Years Working As Teacher (Panchayat) And Posted At Govt. Middle School Palari, Block Gurur, District Balod Chhattisgarh., District : Balod, 25.Smt. Richa Maiyka, W/o Ashish Maiyka, Aged About 35 Years Working As Lecturer (Panchayat) And Posted At Govt. Higher Secondary School Balod, District Balod Chhattisgarh., District : Balod, Chhattisgarh 26.Smt. Bhumika Verma W/o Digeshwar Verma Aged About 31 Years Working As Assistant Teacher (Panchayat) And Posted At Govt. Primary School Junwani Bhilai, District Durg Chhattisgarh.

, District : Durg, Chhattisgarh 27.Smt. Sharda Dhurandhar W/o Shri Rajkumar Dhurandhar, Aged About 45 Years Working As Lecturer (Panchayat) And Posted At Govt. Higher Secondary School Karanja, Bhilai, District Durg Chhattisgarh., District : Durg, 28.Smt. Chandarani Sahu, W/o Shri Pradeep Kumar Sahu, Aged About 33 Years Working As Teacher (Panchayat) And Posted At Govt. Higher Secondary School Belmand, Block Balod, District Balod Chhattisgarh., 29.Uttam Kumar Dewangan, S/o Melsingh Dewangan, Aged About 46 Years School Katai, Block Nawagarh, District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh 30.Smt. Kanchan Shukla, W/o Shri Ashwani Shukla Aged About 33 Years Kondapar, Block Kurud, District Dhamtari Chhattisgarh., District : Dhamtari, 31.

Lekhendra Patel S/o Shri Kriparam Patel Aged About 41 Years Working As Lecturer (Panchayat) And Posted At Govt. Higher Secondary Chaurel, Block 32.Chetan Lal Bhandari, S/o Shri Vishwanath Bhandari, Aged About 29 Years Working As Lecturer (Panchayat) And Posted At Govt. High School Kanadari, District Rajnandgaon Chhattisgarh.

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Panchayat Mahanadi Bhawan, Mantralaya New Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Chief Executive Officer, Zila Panchayat, Durg, District Durg Chhattigarh., District : Durg, Chhattisgarh

3. Chief Executive Officer, Zila Panchayat Balod, District Balod Chhattigarh.,

4. Chief Executive Officer, Zila Panchayat, Gariyaband, District Gariyaband Chhattisgarh., District : Gariyabandh, Chhattisgarh

5. Chief Executive Officer, Zila Panchayat, Bemetara, District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh

6. Chief Executive Officer, Zila Panchayat, Rajnandgaon, District Rajnandgaon Chhattigarh., District : Rajnandgaon, Chhattisgarh

7. Chief Executive Officer, Zila Panchayat, Surajpur, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh

8. Chief Executive Officer, Zila Panchayat, Kanker, District Kanker Chhattisgarh., District : Kanker, Chhattisgarh

9. Chief Executive Officer, Janpad Panchayat, Devbhog, District Gariyaband Chhattisgarh., District : Gariyabandh, Chhattisgarh 10.Chief Executive Officer Janpad Panchayat, Dondi, District Balod Chhattisgarh., District : Balod, Chhattisgarh

11. Chief Executive Officer, Janpad Panchayat, Durg, District Durg Chhattisgarh., District : Durg, Chhattisgarh ....Respondents For Petitioners :

Mr. Ajay Shrivastava, Advocate For State :

Mr. Chandresh Shrivastava, Panel Lawyer Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 06.02.2018 Heard.

Learned counsel for the parties would submit that the issue raised in this petition is squarely covered by order dated 28.11.2017 passed by this Court in WPS No.2530 of 2017 (Mukesh Kumar Patel and another Vs. State of Chhattisgarh and another) and batch of petitions wherein the circular dated 23.04.2016 has been quashed, petitions allowed and it has been declared that the petitioners therein shall be entitled to obtain the benefit of revised pay-scale on completion of 8 years service by including the services rendered by them on a lower post or on the same post.

In view of the aforesaid submission and the impugned order and action is based on circular dated 23.04.2016 which has been quashed in the case referred to

herein above, the petition also deserves to be allowed with the direction that the petitioners shall be entitled to obtain the benefit of revised pay-scale on completion of 8 years service by including the services rendered by them on a lower post or on the same post.

No order as to costs.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha