High Court Of ChhattisgarhWPS/1373/2019disposed off

Arun Kumar Chandra v. State Of Chhattisgarh

2019-03-06Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1373 of 2019

1. Arun Kumar Chandra S/o Shri Jagau Lal Chandra Aged About 45 Years Working As Lecturer (L B) And Posted At Govt. Higher Secondary School Mongra, Block Katghora, District Korba Chhattisgarh., District : Korba, Chhattisgarh

2. Smt. Vidhyavati Bhatnagar W/o Shri M Bhatnagar Aged About 41 Years Working As Lecturer (Nagriya Nikay ) And Posted At Govt. Higher Secondary School Mongra, Block Katghora, District Korba Chhattisgarh., District : Korba, Chhattisgarh

3. Smt. Renu Singh Verma W/o Shri Purushottam Singh Verma Aged About 38 Years Working As Lecturer (Nagriya Nikay) And Posted At Govt. Higher Secondary School Heerapur , Raipur, Block Dharsiwa, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

4. Narayan Rana S/o Shri Dhanwa Ram Rana Aged About 33 Years Working As Teacher (Nagriya Nikay) And Posted At Govt. Middle School Nayabazar, Dallirajhara, Block Doundi District Balod Chhattisgarh., District : Balod, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Mantralaya Naya Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. The Secretary Department Of Panchayat, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. Commissioner Municipal Corporation Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

4. Commissioner Municipal Counsel Korba, District Korba Chhattisgarh., District : Korba, Chhattisgarh

5. Chief Municipal Officer Nagar Palika Parishad Dallirajhara , District Balod Chhattisgarh., District : Balod, Chhattisgarh ---- Respondents For Petitioner :

Mr. S. K. Mandloi, Advocate For State :

Mr. Anshuman Shrivastava, Panel Lawyer For Res. No. 4 :

Mr. Pragyaditya Achary, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 06/03/2019

1. The dispute raised in the present writ petition is the nonconsideration of the case of the petitioners for grant of revised pay scale on completion of 8 years of service. The denial to the

-2petitioners was that the petitioners have not completed 8 years of service under the same employer.

2. The grievance of the petitioners was that the petitioners was initially appointed under the Panchayat department and subsequently applied for recruitment on the higher post under the Municipal Council in the year 2013 and taking both the services, the petitioners has completed more than 8 years of service and therefore they are entitled for the benefit of higher pay scale.

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

Sd/- (P. Sam Koshy) Judge Rohit