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High Court Of ChhattisgarhWPS/1508/2018allowed

Birendra Kumar Baghel v. State Of Chhattisgarh

2018-02-19Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1508 of 2018

1. Birendra Kumar Baghel S/o Tijun Ram Baghel Aged About 32 Years Working As Lecturer Panchayat Government Higher Secondary School Kumhari Tahsil Arangh District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Smt. Anima Xalxo W/o Anil Tirkey Aged About 37 Years ( Now Tirkey ) Working As Lecturer Panchayat Government Higher Secondary School Belogaon Block Dongargarh District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh

3. Mansingh Jangde D/o Shri Dukhooram Aged About 29 Years Working As Lecturer Panchayat Government Higher Secondary School Kosmarra Block Kurud District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh

4. Gautam Kumar Banjare D/o Shri Babulal Banjare Aged About 35 Years Working As Lecturer Panchayat Government Higher Secondary School Maroud , Block Kurud District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh

5. Hira Ram Markam S/o Sukhchand Markam Aged About 35 Years Working As Lecturer Panchayat Government Higher Secondary School Sihava , Block Nagri District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh

6. Rakesh Kumar Prajapati S/o Radheshyam Aged About 28 Years Working As Lecturer Panchayat Government Higher Secondary School Urdara , Block Lundra District Ambikapur Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

7. Amit Kumar Netam S/o Shri Milauram Netam Aged About 37 Years Working As Teacher Panchayat Government Middle School Dandesara ( Basin) , Block Gurur District Balod Chhattisgarh., District : Balod, Chhattisgarh

8. Dilip Kumar Nirmalkar S/o Shri Sukhiram Nirmalkar Aged About 30 Years Working As Teacher Panchayat Government Middle School Dandesara ( Basin) , Block Gurur District Balod Chhattisgarh., Chhattisgarh ---- Petitioners

Versus

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

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

3. Chief Executive Officer, Dhamtari, District Dhamtari Chhattisgarh, District : Dhamtari, Chhattisgarh

4. Chief Executive Officer, Jila Panchayat Rajnandgaon District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh

5. Chief Executive Officer, Jila Panchayat Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

6. Chief Executive Officer, Jila Panchayat Ambikapur District Surguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh

7. Chief Executive Officer, Jila Panchayat Balod District Balod Chhattisgarh, District : Balod, Chhattisgarh ---- Respondents Shri CJK Rao and Shri Harish Khuntiya, counsel for the petitioner/s. Shri Chandresh Shrivastava, Panel Lawyer for the State. Hon'ble Shri Justice P. Sam Koshy Order On Board 19/02/2018 Heard.

1.

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. 2.

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. 3.

No order as to costs.

Sd/- (P. Sam Koshy) Judge Deepti