High Court Of ChhattisgarhWPS/1217/2020disposed off

Shri Anand Masih v. State Of Chhattisgarh

2020-02-24Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1217 of 2020 Shri Anand Masih S/o Late S. Masih Aged About 63 Years R/o Quarter No. 6, Fase 1, Q-6, Vaishnavi Vihar Uslapur, Bilaspur, Police Station- Sakri, District- Bilaspur, Chhattisgarh. --- Petitioner

Versus

1. State of Chhattisgarh through its Secretary, Department of Home and Police Affairs, Secretariat, Mahanadi Bhawan, New Raipur, Police Station And Post- Rakhi, District- Raipur, Chhattisgarh.

2. Director General of Police Police Head Quarter, Civil Line, Police StationCivil Line, District- Raipur, Chhattisgarh.

3. The Secretary Finance Mahanadi Bhawan, Mantralay Bhawan, Raipur, District- Raipur, Chhattisgarh.

4. The Director (Treasury, Audit And Accounts) Raipur, District : Raipur, Chhattisgarh

5. Joint Director of Division (Funds Account And Pension) Bilaspur, DistrictBilaspur, District : Bilaspur, Chhattisgarh

6. The Superintendent of Police Bilaspur, Police Station, Civil Line DistrictBilaspur, District : Bilaspur, Chhattisgarh --- Respondents For the Petitioner : Mr. Badruddin Khan, Advocate For the State/Respondents : Mr. Akanksha Jain, Dy. G.A.

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

1. Learned counsel for the petitioner submits that the petitioner who worked as Head Constable was retired from service on 30.06.2019 and he had joined the service on 20.09.1981. It is contended that he was given two time payscales and according to the circular dated 08.08.2018 (Annexure P-2) issued by the State, the employees who have completed 30 years of service and have got only two promotions would be considered for third time scale pay. It is contended that since the petitioner was appointed in the year 1981 and retired in 2019, he may be given third time pay-scale.

2. It is not in dispute that the petitioner has worked for more than 30 years and he retired in the year 2019. According to the circular dated 08.08.2018 the persons who have qualified services of 30 years subject to the applicability of different rules and satisfaction of the others limitation would be given the third time pay-scale.

3. The petitioner contends that the petitioner may be allowed to make a detailed representation, so that the petitioner may be able to know his position and the entitlement and as per the petition he is entitled for third time pay-scale.

4. Considering the prayer made, at this stage, petitioner is given liberty to make a representation to respondent No.6, Superintendent of Police, Bilaspur, within a period of three weeks and thereafter, the Superintendent of Police, Bilaspur shall decided such representation in terms of the applicable circular and shall decide the entitlement of the petitioner for third time pay-scale. It is further made clear that this Court has not expressed any opinion on merit as to the entitlement of the petitioner, it would be decided in the facts of this case and the existing circular of the State in accordance with law within a period of four months.

5. With the aforesaid observation, this writ petition stands disposed of. Sd/- GOUTAM BHADURI JUDGE R a o