Dhanpati Singh Baghel v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1198 of 2020 Dhanpati Singh Baghel S/o Late Shri R.P. Singh Aged About 57 Years R/o H/3, Old Bus Stand, Near Moti Complex, Durg, Police Station City Kotwali, Tahsil and District Durg Chhattisgarh. --- Petitioner

Versus

1. State of Chhattisgarh through its Secretary, Department of Excise, Mahanadi Bhawan, Mantralaya, Police Station and Post Rakhi, Atal Nagar, Raipur, District Raipur Chhattisgarh.

2. State of Chhattisgarh through Its Secretary, Department of Finance and Planning, Mahanadi Bhawan, Mantralaya, Police Station and Post - Rakhi, Atal Nagar, Raipur, District Raipur Chhattisgarh.

3. Commissioner Office of Commissioner (Commercial Tax / Excise), G.S.T. Bhavan Atal Nagar, Police Station And Post Rakhi, Raipur, District Raipur Chhattisgarh.

4. Assistant Commissioner Office of Assistant Commissioner, Durg, District Durg Chhattisgarh. --- Respondents For the Petitioner : Mr. Abhishek Pandey and Ms. Deepika Sannat, Advocates For the State/Respondents : Mrs. Richa Shukla, Advocate.

Hon'ble Shri Justice Goutam Bhaduri Order on Board -02-2020

1. The grievance of the petitioner is that he was initially appointed as salesman in the year 1996 in Excise Department and subsequently, after 15 years, he along-with others was absorbed to the post of constable in excise department. Thereafter on 22.01.2016 certain pay fixation was made in respect of the persons who were posted in different districts and they were given a particular pay scale which would be evident from the documents collectively filed as Annexure P-3.

2. It is contended that though the petitioner was posted in a different district but he has not been granted the benefit of such revised pay-scale, which has

been given to the other similarly situated employees who were posted along-with the petitioner. Learned counsel would submit that at present, the petitioner may be allowed to make a detailed representation to the concerned respondents along-with the order by which the similarly situated employees have been granted certain pay scales so that the petitioner would not be deprived of his right and the said representation may be directed to be decided by the respondents within a stipulated time.

3. Considering the limited prayer made by the petitioner that he may be allowed to raise grievance by way of representation that other similarly placed persons have been given a particular pay scale but the petitioner has been deprived, this writ petition is disposed off with an observation/direction that the petitioner would be at liberty to make a detailed representation to respondents 1 & 2 along with the copy of the order whereby the other similarly placed persons have been given pay scale within a period of two weeks. On receipt of such representation, the respondents 1 & 2 shall consider and decide the same within a further period of 90 days with respect to the entitlement of the petitioner for the particular pay scale which has been granted to other similarly situated persons.

4. It is made clear that this Court has not expressed any opinion on merits of the case.

Sd/- GOUTAM BHADURI JUDGE R a o