Diran Lal Dewangan v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 952 of 2020 • Diran Lal Dewangan S/o Dhaneshwar Dewangan Aged About 32 Years Working As Assistant Teacher Panchayat, Govt. Primary School Banbarad, Nagar Panchayat Ahiwara, Block Dhamdha, District- Durg, C.G. ---- Petitioner

Versus

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

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

3. Chief Municipal Officer Nagar Panchayat Ahiwara, District Durg, Chhattisgarh

4. District Education Officer Durg, District Durg, Chhattisgarh ---- 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 was appointed as Shiksha Karmi Grade-III by order dated 16.02.2010 in the Municipal Council, Baloda Bazar. Thereafter, he was appointed as Shiksha Karmi Grade-I on 21.05.2012, therefore, he was entitled for revised pay-scale on completion of 8 years of service, however, the same has not been granted till date.

3. Learned counsel for the petitioner would submit that the issue involved in the present writ petition has already been considered and decided by this Court in WPS No.4474 of 2019, therefore, the same order may be passed in the present writ petition also.

4. This Court in WPS No.4474 of 2019 on 24.06.2019 has passed the following

order:- "1. The dispute raised in the present writ petition is the nonconsideration of the case of the petitioner for grant of revised pay scale on completion of 8 years of service. The denial to the petitioner was that the petitioner has not completed 8 years of service under the same employer.

2.The grievance of the petitioner was that the petitioner was initially appointed under the Panchayat department and subsequently applied for recruitment on the higher post under the Nagariy Nikay in the year 2012 and taking both the services, the petitioner has completed more than 8 years of service and therefore he is entitled for the benefit of higher pay scale.

3.The counsel for the petitioner 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 petitioner would be entitled for the benefit as prayed for subject to the verification of the case by the Department."

5. Learned State counsel has no objection.

6. It is ordered accordingly. The ratio laid down in the case supra shall also govern the cause of lis in this case and will have the same effect and operation.

7. With such observation, the writ petition stands disposed of. Sd/- Goutam Bhaduri Judge Ashu