Ramroop Dubey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1825 of 2021 1.

Ramroop Dubey S/o Late Ramsanehi Dubey, Aged About 60 Years Presently Working On The Post Of Excise Constable Darri Gewara Circle Korba District Korba (Chhattisgarh) R/o A/1567 Kaveri Vihar Jamanipali District Korba (Chhattisgarh), District : Korba, Chhattisgarh 2.

Hari Kishan Patel S/o Late Lalsa Prasad Aged About 53 Years Presently Working On The Post Of Excise Constable Internal Circle Korba District Korba (Chhattisgarh) R/o Q.N. 26 Revenue Colony Kohandiya District Korba Chhattisgarh, District : Korba, Chhattisgarh Dineshwar Kanwar S/o Late Balmkund Aged About 53 Years Presently Working On The Post Of Excise Constable Banki Mogara Circle, Korba District Korba (Chhattisgarh) R/o Q.No. 410 Kohandiya District Korba (Chhattisgarh), District : Korba, Chhattisgarh Lal Singh Kanwar S/o Shri Kanwal Singh Kanwar Aged About 54 Years Presently Working On The Post Of Excise Constable Kathghora Circle Korba District Korba (Chhattisgarh) R/o Village Darribhata, Kathghora, District Korba Chhattisgarh., District : Korba, Chhattisgarh 5.

Ishwar Lahare S/o Shyamlal Lahare Aged About 50 Years Presently Working On The Post Of Excise Constable, Excise Circle- Dipka Korba District Korba (Chhattisgarh) R/o G-18 Revenue Colony Kohadiya, Korba District Korba Chhattisgarh., District : Korba, Chhattisgarh 6.

Radheshyam Bastrakar S/o Late Dasharath Lal Aged About 56 Years Working On The Post Of Clerk District Excise Office- Korba District Korba (Chhattisgarh) R/o Ravi Shankar Nagar Korba District Korba Chhattisgarh, District : Korba, Chhattisgarh 7.

Ajay Tiwari S/o Late Rampayare Tiwari Aged About 58 Years Working On The Post Of Excise Constable, Excise Circle South Korba District Raipur (Chhattisgarh) R/o Dingapur I.T.I Rampur, Korba District Korba Chhattisgarh, District : Korba, Chhattisgarh 8.

Haricharan Khunte S/o Late Setram Khunte, Aged About 50 Years Presently Working On The Post Of Excise Constable Excise Circle, South Korba District Korba (Chhattisgarh) R/o Ho-7 Revenue Colony Kohandiya District Korba Chhattisgarh., District : Korba, Chhattisgarh 9.

Pradeep Sigh S/o Late Abhayraj Singh Aged About 53 Years Presently Working On The Post Of Excise Constable Excise Control No. 15, Block Korba District Korba (Chhattisgarh), District : Korba, Chhattisgarh 10.

Prakash Thankachan S/o Late G. Tankachan Aged About 49 Years Working On The Post Of Excise Constable Internal Circle Korba District Korba (Chhattisgarh) R/o Kunwatha Near Hanuman Mandir Korba, District Korba Chhattisgarh., District : Korba, Chhattisgarh

11.

Chadrashekhar Tiwari S/o Late Bhagwat Tiwari Aged About 44 Years Working On The Post Of Peon In The Office Of Assistant Commissioner Excise, Korba District Korba (Chhattisgarh) R/o Nh-7 New Revenue Colony Korba District Korba Chhattisgarh., District : Korba, Chhattisgarh ---- Petitioners

Versus

1.

State Of Chhattisgarh Through The Secretary, Department Of Excise Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2.

The Secretary, Department Of Finance And Planning, Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh Commissioner, Office Of Commissioner, (Commercial Tax/ Excise) G.S.T. Bhawan New Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh The District Excise Officer Korba District Korba Chhattisgarh, District : Korba, Chhattisgarh ---- Respondents For Petitioners :

Mr. A.N. Pandey, Advocate For State :

Mr. Rahul Jha, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 23/03/2021 1.

The grievance of the petitioners is that they were initially appointed as salesman in the year 1993 in Excise Department and subsequently, after 15 years, they along-with others was absorbed to the post of constable in excise department. Thereafter, on 22.01.2016 certain pay fixation was made in respect of the persons who were posted in different districts and they were given a particular pay scale which would be evident from the documents collectively filed as Annexure P-3.

2.

It is contended that though the petitioners were posted in a different district but they have not been granted the benefit of such revised

pay scale, which has been given to the other similarly situated employees who were posted along-with the petitioners. Learned counsel would submit that at present, the petitioners may be allowed to make a detailed representation to the concerned respondents along-with the order by which the similarly situated employees have been granted certain pay scale so that the petitioners would not be deprived of their rights and the said representation may be directed to be decided by the respondents within a stipulated time.

Considering the limited prayer made by the petitioners that they may be allowed to to raise grievance by way of representation that other similarly placed persons have been given a particular pay scale but the petitioners have been deprived, this writ petition is disposed off with an observation/direction that the petitioners would be at liberty to make a detailed representation to respondents 1 & 2 along-with the copy of the order whereby the other similarly placed persons have been given pay scale within a period of two weeks. On receipt of such representation, the respondents 1 & 2 shall consider and decide the same within a further period of 90 days with respect to the entitlement of the petitioners for the particular pay scale which has been granted to other similarly situated persons.

It is made clear that this Court has not expressed any opinion on merits of the case.

Sd/- (P. Sam Koshy) Judge Ved