Dr. Sundip Somawar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2086 of 2018 Dr. Sundip Somawar S/o Shri N. R. Somawar, Aged About 45 Years Presently Posted And Working As Demonstrator, Chhattisgarh Institute Of Medical Science (Cims) Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, Mahanadi Mantralaya, Naya Raipur, Post Office And Police Station Naya Raipur, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh

2. Director, Directorate Of Medical Education, Chhattisgarh, Indrawati Bhawan, Naya Raipur, Post Office, Police Station Naya Raipur, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh

3. Dean, Chhattisgarh Institute Of Medical Science (Cims) Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh --Respondents For Petitioner :

Mr. S.K. Agrawal, Advocate For State :

Mr. Chandresh Shrivastava, Panel Lawyer Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 07.03.2018 Heard.

1.

This petition has been filed by the petitioner aggrieved by non consideration of his case for grant of time scale pay/ Kramonnati. 2.

Learned counsel for the petitioner would submit that the petitioner was appointed as Demonstrator on 27-08-2002 and since then he has been working without getting any promotion or grant of higher pay scale and has been stagnated in service relying upon the circular dated 28-04-2008, it is submitted that the petitioner is entitled to be considered for grant of higher pay scale/ Kramonnati with effect from the date he completed 10 years of service. The petitioner preferred several representations but till date no such consideration has taken place. He would submit

that the Demonstrators of Dental Surgery have been granted such benefit of higher scale promotion/ Kramonnati on the basis of circular dated 28-04-2008. 3.

Learned counsel for the State would submit that the petitioner's claim for grant of scale promotion shall be duly considered in accordance with the law. 4.

Having considered the submission of both the parties and taking into consideration the contents of circular dated 28-04-2008 and the averments made in the petition after initial payment of 2002 as demonstrator the petitioner has not received any promotion or scale promotion/ Kramonnati for the last 16 years and has stagnated on one pay scale, I am inclined to issue direction to respondent No. 2 to examine the petitioner's claim of scale promotion under circular dated 28-04-2008 and other applicable circulars in the matter and decide the same within an outer limit of 4 months. If any information is sought by respondent No. 2 from respondent No. 3, it will be obligatory on the part of respondent No. 3 to provide necessary information and details keeping in view the time limit granted by this Court for compliance of the direction.

5.

Accordingly, the petition is disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha