Smt. Suman Mishra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1750 of 2017 • Smt. Suman Mishra W/o Shri R. L. Mishra, Aged About 52 Years R/o Near Collector Bungalow, Ambikapur, District Surguja (Chhattisgarh).

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Panchayat & Rural Development Department, Mantralaya, Mahanadi Bhawan, Naya Raipur District Raipur (Chhattisgarh).

2. Commissioner, SC & ST Development Department, Naya Raipur, District Raipur (Chhattisgarh).

3. Collector, District Surguja Ambikapur (Chhattisgarh).

4. Chief Executive Officer, Jila Panchayat Surguja Ambikapur (Chhattisgarh).

5. Assistant Commissioner, Tribal Development, Ambikapur Surguja (Chhattisgarh).

---- Respondents For Petitioner Shri Apoorv Shrivastava, Advocate For Respondent-State Shri S. P. Kale, Dy. AG Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 13/04/2017 1.

It is argued that the petitioner was 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 02.12.2016 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Considering the fact that a particular pay scale allowed in favour of the petitioner has been withdrawn without following the principles of natural justice, instead of keeping this petition pending, ends of justice would be served if the writ petition is disposed of with a direction that the Jila Panchayat Surguja shall issue notice to the petitioner within a month from today and thereafter the question of withdrawal of revised pay scale granted to the petitioner 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, Surguja, the impugned order (Annexure-P-1) shall remain in abeyance. 4.

The writ petition stands disposed of.

Sd/- JUDGE PRASHANT KUMAR MISHRA Nirala