Rajkumar Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1672 of 2017

1. Sanjay Kumar Jaiswal S/o Late Ramashankar Jaiswal, Aged About 39 Years, Presently Working As Lecturer Panchayat At Govt. Higher Secondary School, Taregaon Jungle, Block Bodla, District Kabirdham (Chhattisgarh).

2. Rameshwar Lahre S/o Late Heera Ram Lahre, Aged About 44 Years, Presently Working As Lecturer Panchayat At Govt. Higher Secondary School, Ranveerpur, Block Sahaspur Lohara, District Kabirdham (Chhattisgarh).

3. Ramdhani Sharma S/o Kanta Prasad Sharma, Aged About 40 Years Presently Working As Lecturer Panchayat At Govt. Higher Secondary School, Marka, Block Kawardha, District Kabirdham (Chhattisgarh).

4. Smt. Tara Sahu W/o Rama Sahu, Aged About 32 Years Presently Working As Lecturer Panchayat At Govt. High School, Jevdankhurd, Block Kawardha, District Kabirdham (Chhattisgarh).

5. Smt. Adwitiya Kesharwani W/o Ravendra Kesharwani, Aged About 39 Years Presently Working As Lecturer Panchayat At Govt. Higher Secondary School, Podi, Block Bodla, District Kabirdham (Chhattisgarh).

6. Prafful Kumar Tiwari S/o Late Surendra Tiwari, Aged About 35 Years Presently Working As Teacher Panchayat At Govt. Middle School, Sirmadabhri, Block Pandariya, District Kabirdham (Chhattisgarh).

7. Pooja Sharma D/o Uttar Kumar Sharma, Aged About 31 Years Presently Working As Teacher Panchayat At Govt. Middle School, Larangpur, Block Pandariya, District Kabirdham (Chhattisgarh).

---- Petitioners

Versus

Rakhi, Tahsil Aarang, Naya Raipur, District Raipur, Chhattisgarh.

2. Chief Executive Officer, Zila Panchayat, Kabirdham, District Kabirdham (Chhattisgarh).

---- Respondents And WPS No. 1684 Of 2017

1. Rajkumar Sahu S/o Ganesh Ram Sahu, Aged About 38 Years Presently Working As Lecturer Panchayat At Govt. High School, Ramhepur Kala, Block Bodla, District Kabirdham (Chhattisgarh)

2. Ashish Guru Diwan S/o Jagdish Prasad, Aged About 33 Years Presently Working As Teacher Panchayat At Govt. Middle School, Jhiraikala, Block Pandariya, District Kabirdham (Chhattisgarh)

3. Smt. Nilam Tiwari W/o Prafful Kumar Tiwari, Aged About 28 Years Presently Working As Teacher Panchayat At Govt. Middle School, Sonpuri, Block Pandariya, District Kabirdham (Chhattisgarh) ---- Petitioner Vs Rakhi, Tahsil Aarang, Naya Raipur, District Raipur (Chhattisgarh)

2. Chief Executive Officer, Zila Panchayat, Kawardha District Kabirdham (Chhattisgarh) ---- Respondent And WPS No. 1699 Of 2017

1. Kamlesh Kumar Sahu S/o F. R. Sahu, Aged About 34 Years Presently Working As Lecturer Panchayat At Govt. Higher Secondary School, Surajpura (Van), Block Sahaspur Lohara, District Kabirdham (Chhattisgarh)

2. Murlisharan Baghel S/o Ramratan Baghel, Aged About 40 Years Presently Working As Lecturer Panchayat At Govt. Higher Secondary School, Ranveerpur, Block Sahaspur Lohara, District Kabirdham (Chhattisgarh)

3. Homeshwar Prasad Tiwari S/o Ayodhya Prasad Tiwari, Aged About 32 Years Presently Working As Lecturer Panchayat At Govt. High School, Dharamgarh, Block Sahaspur Lohara, District Kabirdham (Chhattisgarh) ---- Petitioners Vs Rakhi, Tahsil Arang, Naya Raipur, District Raipur (Chhattisgarh)

2. Chief Executive Officer, Zila Panchayat, Kabirdham, District Kabirdham (Chhattisgarh) ---- Respondents For Petitioners Shri C. J. K. Rao, Advocate For Respondent-State Shri Y. S. Thakur, Addl. AG Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 11/04/2017 1.

It is argued that the petitioners were granted revised pay scale in terms of the State Government's circular dated 23.04.2016, however, the same has been cancelled by the impugned order dated 22.03.2017 without issuing any show cause notice or giving any opportunity of hearing to the petitioner.

2.

Considering the fact that a particular pay scale allowed in favour of the petitioners has been withdrawn without

following the principles of natural justice, instead of keeping this petition pending, ends of justice would be served if the writ petitions are disposed of with a direction that the Jila Panchayat Kabirdham shall issue individual notices to the petitioners within a month from today and thereafter the question of withdrawal of revised pay scale granted to the petitioners be decided objectively, by a reasoned and speaking order within a further period of 3 months. It is ordered accordingly.

3.

Till fresh order is passed by the Jila Panchayat, Kabirdham, the impugned order (Annexure-P-1) shall remain in abeyance.

4.

The writ petitions stand disposed of.

Sd/- JUDGE PRASHANT KUMAR MISHRA Nirala