Niranjan Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 953 of 2020 • Niranjan Sahu S/o Thanu Ram Sahu Aged About 36 Years Working As Assistant Teacher Panchayat, Govt. Primary School, Motipur, Janpad Panchayat, Patan, District Durg, Chhattisgarh ---- Petitioner

Versus

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

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

3. Chief Executive Officer, Jila Panchayat Durg District Durg, C.G.

4. Chief Executive Officer, Janpad Panchayat Patan Patan, District Durg, Chhattisgarh

5. District Education Officer, Durg District Durg, C.G. ---- Respondents For Petitioner :

Shri Harish Khuntiya, Advocate For Respondents/State :

Shri Neeraj Pradhan, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board 13/02/20

1. Heard.

2. The grievance of the petitioner is that the petitioner initially was appointed as Shiksha Karmi Grade-III in the Janpad Panchayat, Farasgaon on 21.09.2006 and subsequently, he was appointed as Shiksha Karmi Grade-III in the Janpad Panchayat, Bemetara on 04.08.2007 as such he has rendered more than 8

years of service, therefore, he is entitled for the revised pay-scale, which has not been granted till date.

3. 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.

4. Learned State counsel has no objection.

5. 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 petitioner shall be entitled to obtain the benefit of revised pay-scale on completion of 8 years service by including the services rendered by him on a lower post or on the same post, subject to verification of facts by the State.

6. With the aforesaid observation, the writ petition stands disposed of. No order as to costs.

Sd/- Goutam Bhaduri Judge Ashu