Rama Shankar Awasthi v. State Of Chhattisgarh And ORS.

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 4352 of 2010 Rama Shankar Awasthi, S/o Shri Chandrika Prasad Awasthi, aged about 47 years, Peon, Posted at Govt. Girls Higher Secondary School, Chhal, District-Raigarh(CG).

---- Petitioner

Versus

1. State of Chhattisgarh, through Secretary, Department of Tribal Welfare and development, Dau Kalyan Singh Bhawan, Mantralay, Raipur, Chhattisgarh.

2. State of Madhya Pradesh, through Secretary, Department of Tribal Welfare and Development, Vallabh, Bhawan, Bhopal, M.P.

3. Commissioner, Aadivasi Vikas, Raipur, Chhattisgarh.

4. Commissioner, Aadivasi Vikas, Bhopal, M.P.

5. The Collector, Aadim Jati Kalyan Branch, Raigarh, District Raigarh, Chhattisgarh.

6. Assistant Commissioner, Aadivasi Vikas Tribunal, District Raigarh, Chhattisgarh.

---- Respondents For Petitioner :

Mr. Harish Khuntiya, Advocate For State :

Ms. Astha Shukla, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 22/01/2019 The present petition under Article 226 of the Constitution of India has been filed for a direction to the respondents to grant regular pay-scale to the petitioner under the contingency services immediately on completion of three years of service from the initial date of appointment.

2. Learned counsel for the petitioner submits that the petitioner is in employment since 1994 and therefore he is entitled for grant of regular pay-

-2scale after completion of three years service. He further submits that similar reliefs have already been granted to certain persons whose services were also regularized in the State Government in the year 2008. He refers to an order dated 10.03.2015 stating that the said order is in respect of identically placed persons.

3. At this juncture, learned State counsel submits that it would be better if the petitioner files detailed fresh representation to respondent no.6 along with all relevant documents in support of his claim including the orders of the State Government as also the orders of the High Court in other connected petitions. She further submits that in case representation is made, the respondent no.6 will decide the same within a further period of three months from the date of receipt of the representation.

4. The proposal of the State counsel is acceptable to the counsel for the petitioner.

5. Accordingly, the present writ petition stands disposed of with liberty to the petitioner to file fresh representation to respondent no.6 along with all relevant documents in this regard giving benefit to similarly placed persons and on such representation being made, respondent no.6 shall dispose off the same within a period of 90 days form the date of receipt of the representation.

6. It is made clear that this Court has not expressed any opinion so far as the entitlement of the petitioner is concerned. The Authorities shall be free to take a decision purely in accordance with the rules governing the field.

7. No order as to costs.

Sd/- (P. Sam Koshy) Judge Khatai