Bandhnu Ram v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1711 of 2020

1. Bandhnu Ram S/o Shri Madri Ram Aged About 54 Years Working As Aerator (Jalvahak) Government Middle School Mahua, Block Bagicha, District Jashpur Chhattisgarh

2. Sukhdev Ram S/o Ropna Ram Aged About 49 Years Working As Peon Government Middle School Harradipa, Block Bagicha, District Jashpur Chhattisgarh

3. Baldev Ram S/o Bande Ram Aged About 52 Years Working As Peon Government Middle School Dome, Block Jashpur, District Jashpur Chhattisgarh

4. Kinu Ram S/o Somra Ram Aged About 54 Years Working As Peon Government Middle School Kodopara, Block Bagicha, District Jashpur Chhattisgarh

5. Jairam Ram S/o Dukhiya Ram Aged About 49 Years Working As Aerator (Jalvahak) Government Higher Secondary School Sanna, Block Bagicha, District Jashpur Chhattisgarh

6. Rameshwar Ram S/o Suna Ram Aged About 51 Years Working As Aerator (Jalvahak) Government Higher Secondary School Sanna, Block Bagicha, District Jashpur Chhattisgarh

7. Ram Prasad Ram S/o Tanju Ram Aged About 50 Years Working As Cook Government Higher Secondary School Sanna, Block Bagicha, District Jashpur Chhattisgarh

8. Anand Kumar Khalkho S/o Biharu Aged About 50 Years Working As Aerator (Jalvahak) Government Middle School Tora, Block Bagicha, District Jashpur Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, Tribal Welfare Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh

2. Collector Jashpur District Jashpur Chhattisgarh

3. Assistant Commissioner Tribal Welfare Department, Jashpur District Jashpur Chhattisgarh

4. Head Master Government Middle School Mahua, Block Bagicha, District Jashpur Chhattisgarh

5. Head Master Government Middle School Haradipa, Block Bagicha, District Jashpur Chhattisgarh

6. Head Master Government Middle School Dome, Block Jashpur, District Jashpur Chhattisgarh

7. Head Master Government Middle School Kodopara, Block Bagicha, District Jashpur Chhattisgarh

8. Principal Government Higher Secondary School Sanna, Block Bagicha, District Jashpur Chhattisgarh

9. Head Master Government Middle School Tora, Bagicha, District Jashpur Chhattisgarh ---- Respondents For Petitioner :

Mr. D.R. Minj, Advocate For State :

Mr. Siddharth Dubey, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order 02.07.2020

1. Heard

2. Learned counsel for the petitioner submits that the petitioners are absorbed in the employment from the year between 1994-1997 and therefore, they are entitled to get the benefit of regular pay-scale after completion of three years of service. He further submits that the similar relief has already been granted to certain persons whose services were also regularised in the State Government. He refers to an order dated 28.09.2018 (Annexure P/5) and submits that in the likewise nature, few of the other persons who were similarly placed, have been given the benefit of regular pay-scale on completion of three years of service.

3. At this juncture, learned State counsel submits that it would be better if the petitioners file detailed fresh representation to the respondent

No. 3 along with all relevant documents in support of their claims including the orders of the State Government as also the orders of the High Court in other connected petitions. He further submits that in case the representation is made, the respondent No. 3 shall decide the same within a further period of three months from the date of receipt of such representation.

4. The proposal of the State counsel is acceptable to the counsel for the petitioners.

5. Accordingly, the present writ petition stands disposed off with liberty to the petitioners to file fresh representation to respondent No. 3 along with all relevant documents in this regard whereby similar benefits were given to other persons and on such representation being made, respondent No. 3 shall decide the same within a period of 90 days from the date of receipt of such representation.

6. It is made clear that this Court has not expressed any opinion so far as the entitlement of the petitioners is concerned. The authorities shall be free to take a decision purely in accordance with the rules governing the field.

7. No order as to cost(s).

Sd/- (Goutam Bhaduri) Judge Vishakha