Harihar Prasad Singh v. State Of Chhattisgarh And ORS

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2095 of 2015 • Harihar Prasad Singh S/o Late Ramnarayan Singh, Aged About 58 years, Presently working on the post of Lecturer, Govt. High School Jharna Para Block Baikunthpur, District Korea (C.G.) ---- Petitioner

Versus

1. State Of Chhattisgarh, Through The Secretary, Department Of Schedule Caste and Schedule Tribe Development, Mahanadi Bhawan, New Raipur, District Raipur (C.G.)

2. The Commissioner, Department of Tribal Development Indrawati Bhawan, New Raipur, District Raipur (C.G.)

3. The Assistant Commissioner, Tribal Development Baikunthpur, District Balrampur Korea (C.G.)

4. The Block Education Officer, Baikunthpur District Korea (C.G.) ---- Respondents For Petitioners Mr. A.N. Pandey, Advocate For Respondent/State Mr. Shashank Thakur, Government Advocate Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 18/06/2015 Heard finally with the consent of learned counsel for the parties. 2.

By this petition, the petitioner seeks a direction to the respondent authorities to grant him regular pay scale w.e.f. his initial date of appointment. 3.

At the very outset, learned counsel appearing for the State submits that the State Government, by order dated 09/07/2012, has constituted a

Committee under the Chairmanship of the Commissioner, Scheduled Tribe and Scheduled Caste Development Department, to look into the grievances of the employees with regard to grant of regular pay scale from their initial date of appointment. Thus, this matter may be referred to the said Committee. 4.

The issue involved in the present case, in respect of regular pay scale, has already been considered and decided by this Court in Dashrath Prasad Kaiwartya Vs. State of Chhattisgarh and others [WP(S) No.2144/12, decided on 17/07/2012] wherein, this Court observed as under :- "4. In view of the foregoing, nothing further is required to be done in this case. The petitioner may approach the aforestated Committee, if the relief sought for by the petitioner in this petition has not been granted. It is further directed that all the similarly situated teachers may first approach to the Committee, as aforestated, before approaching to this Court if their grievances still survive, they are at liberty to approach this Court. It is further clarified that the similarly situated teachers may make a representation to the Committee for redressal of their grievances in respect of grant of regular pay scale w.e.f. the initial date of appointment by post also." 5.

In view of foregoing, the petitioner is directed to approach the Committee for appropriate relief and, in turn, the Committee is directed to consider and decide the case of the petitioner, in accordance with law and on its own merits. The needful may be done within a period of 12 weeks from the date of receipt of a copy of this order.

6.

Accordingly, the writ petition is disposed of. J U D G E shyna