Ku. Garima Sahu And ORS. v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4523 of 2014 Francis Xavier Back, S/o Late Shri Habil Back Aged About 45 years Occupation Subedar M. Accountant.

Hari Prasad Paikara S/o Late Shri Ram Kishun Paikara Aged About 38 Years Occupation Sub Inspector M.

Smt. Ranjeeta Ekka W/o Late Shri Santosh Kumar Aged About 26 Years Occupation Assistant Sub Inspector M. 4.

Vikash Kumar Namdeo S/o Late Shri Shankar Lal Aged About 35 Years Occupation Assistant Sub Inspector M. 5.

Jamuna Prasad Kumbhkar S/o Late Shri J.P. Kumbhkar Aged About 36 Years Occupation Assistant Sub Inspector M. 6.

Pankaj Kumar Nema S/o Shri G.P. Nema Aged About 36 Years Occupation Assistant Sub Inspector M.

The petitioner No.1 to 6 are working under The Office Of Superintendent Of Police Korea, P.S. Baikunthpur, Distt. Koriya ,.G.

7.

Kishore Lambe S/o Srhi N.K. Rao Lambe Aged About 30 Years Occupaiton Assistant Sub Inspector M.

8.

Balam Singh S/o Shri Bhoth Singh Aged About 22 Years Occupaiton Assistant Sub Inspector M The petitioner No.7 & 8 Are Working Under The Office Of Commandant 12th B.N. (U/r) Caf Ramanujganj P.S. Ramanujganj Distt. Balrampur C.G.

---- Petitioner

Versus

State Of Chhattisgarh Through- Secretary, Home Affairs, Police Department, Mahanadi Bhawan New Mantralaya, Raipur ((C.G.) The Secretary Finance, Mahanadi Bhawan, New Mantralaya, Raipur (C.G.)

The Director General Of Police, Police Head Quarters, Chhattisgarh, Raipur (C.G.) ---- Respondent And WPS No. 6490 Of 2014 Smt. Vatsala Ukey W/o Late Shri Pandari Das Ukey Aged About 58 years resident of Ward No. 4 Shanti Nagar, P.S. Chikhli Dhawa Road District- Rajnandgaon (C.G.) ---- Petitioner Vs State Of Chhattisgarh Through The Secretary, Home Afairs, Police Department, Mahanadi Bhawan, New Mantralaya Raipur (C.G.) The Director General Of Police Chhattisgarh Police Home Guards, Mana Camp, Raipur (C.G.) District Commandant, Central Traning Institute, Home Guard, Distt. Raipur (C.G.) 4.

Deputy Director Treasury, Account And Pension, Raipur Distt. Raipur (C.G.) ---- Respondent And WPS No. 6489 Of 2014 R.D. Sharma S/o Shri R.G. Sharma Aged About 68 years Occupation- Subedar M (Retired), Resident of Shiv Nagar Seroal Road, Murar P.S. Murar Distt - Gwalior (M.P.) ---- Petitioner Vs State Of Chhattisgarh Through Secretary,Home and Police affairs and finance, Mahanadi Bhawan, New Mantralaya, Distt. Raipur (C.G.)

The Director General Of Police,Police Head Quarter,DistrictRaipur (C.G.) The Joint Director, Treasury, Account And Pension, Raipur, Distt. Raipur (C.G.) ---- Respondent And WPS No. 1437 Of 2015 Smt. Satya Sahu W/o Yashwant Sahu, Aged About 33 years, Occupation- Sub Inspector (M) Working Under The Office Of Superintendent Of Police, jagdalpur (C.G.) Attached With Superintendent Of Police, Kanker P.S. Kotwali, District- Kanker (C.G.) Asharam Markam S/o Shri Baisakhuram Aged About 30 Years, Occupation - Assistant Sub Inspector (M) Working Under The Office Of Superintendent Of Police, Kanker P.S. Kotwali, Dsitrict Kanker (C.G.) Ku. Maya Chourasiya D/o Ramchandra Chourasiya, Aged About 32 Years, Occupation- Assistant Sub Inspector (M) Working Under the Office Of Superintendent Of Police, Sukma, P.S. Sukma, District Sukma (C.G.) 4.

Smt. Kartam Pushpa W/o Late Shri Kartam Surya, Aged About 27 Years Occupation- Constable (M) Working Under the Office Of Superintendent Of Police, Sukma P.S. Sukma, DistrictSukma(C.G.) 5.

Smt. Urmila Mishra W/o Late Shri Brij Kishore, Aged About 33 Years, Occupation-Constable (M) Working Under the Office Of C.T.J.W., Kanker P.S. Kotwali, District Kanker (C.G.) 6.

Praveen Kumar Pandey S/o Shri Phulchand Pandey, Aged About 35 Years Occupation- Subedar (M)/ Steno, Working Under The Office Of Superintendent Of Police (Radio), Bhilai, Zone, P.S. Bhilai, District-Durg (C.G.) ---- Petitioner Vs

State Of Chhattisgarh Through The Secretary, Home Affairs, Police Department, Mahanadi Bhawan, New Mantralaya Raipur (C.G.) The Secretary, Finance, Mahanadi Bhawan, New Mantralaya Raipur (C.G.) The Director General Of Police, Raipur, District Raipur (C.G.) 4.

The Deputy Director, Treasury, Account And Pension, Raipur, District Raipur (C.G.) ---- Respondent And WPS No. 5052 Of 2014 Rekha Nair, D/o Smt. Girija Nair, Aged About 39 years Occupation - Subedar (M) Working under the office of Special Branch, Police Head Quarters, P.S. Civil Line, Distt. Raipur (Chhattisgarh) ---- Petitioner Vs State Of Chhattisgarh through the Secretary, Home Affairs, Police Department, Mahanadi Bhawan, New Mantralaya, Raipur (C.G.) The Secretary, Finance, Mahanadi Bhawan, New Mantralaya Raipur (C.G.) The Director General Of Police, Police Head Quarters, Raipur (C.G.) ---- Respondent And WPS No. 1435 Of 2015 Amarnath Diwan, S/o Late Shri Sadhuram Diwan, Aged About 68 years , Occupation- Assistant Grade II (Retired) Under The

Office Of Divisional Commandant, Home Guard, Jashpur, resident of Village Kansabel, Post Jajgar, P.S. Seetapur, District Surguja, (C.G.) ---- Petitioner Vs State Of Chhattisgarh Through The Secretary, Home Affairs, Police Department, Mahanadi Bhawan, New Mantralaya, Raipur, (C.G.) The Secretary, Finance, Mahanadi Bhawan, New Mantralaya, Raipur,(C.G.) The Director General Of Police, Home Guards, Mana Camp, Raipur, (C.G.) 4.

Joint Director, Treasury Account And Pension, Bilaspur, District Bilaspur,(C.G.) 5.

District Commandant, Home Guards, Jashpur, District Jashpur, (C.G.) ---- Respondent And WPS No. 2096 Of 2015 Ku. Garima Sahu D/o Late Shri J.K. Sahu Aged About 34 years Occupation- Assistant Sub Inspector (M) Bhagat Singh Arya S/o S/o Late Shri Balakram Arya Aged About 29 Years, Occupation- Assistant Sub Inspector (M) Ku. Vibhuti Sainee, D/o Late Shri Hemant Kumar Sainee Aged About 27 Years Occupation- Assistant Sub Inspector (M) 4.

Ku. Suman Netam D/o Shri Hira Netam Aged About 27 Years Occupation- Assistant Sub Inspector (M), The petitioner No.1 to 4 are Working Under The Office Of Superintendent Of Police Bastar- Jagdalpur, P.S. Kotwali, District- Jagdalpur- Bastar (C.G.)

5.

Smt. Savita Thakur W/o Shri Shivendra Thakur Aged About 26 Years Occupation- Assistant Sub Inspector (M) Working Under The Office Of Superintendent Of Police Kondagaon, P.S. Kotwali- Kondagaon, District- Kondagaon (C.G.) 6.

Ku. Madhuri Kashyap D/o Late Shri Pradeep Kumar Kashyap Aged About 25 Years Occupation- Assistant Sub Inspector (M) Working Under The Office Of Superintendent Of Police Dhamtari, P.S. Rudri, District- Dhamtari (C.G.) ---- Petitioner Vs State Of Chhattisgarh Through The Secretary, Home Affairs, Police Department, Mahanadi Bhawan, New Mantralaya, Raipur (C.G.) The Secretary, Finance, Mahanadi Bhawan, New Mantralaya Raipur (C.G.) The Director General Of Police, Police Head Quarters, Raipur (C.G.) ---- Respondent For Petitioners Shri Prakash Tiwari & Ms. Naushina Ali, Advocates For Respondent/State Shri P.K. Bhaduri, Govt. Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 03/07/2015 Heard learned counsel for the parties.

In this batch of writ petitions preferred by the Ministerial employees of the Home Department of the State of Chhattisgarh, prayer has been made to grant them similar relief

as has been granted in favour of the petitioners in W.P.(S) No.4563 of 2006 (Abdul Nawab Khan and others vs. The State of Chhattisgarh and others) and other connected matters, whose petitions were decided on 07.05.2009. The issue pertains to grant of ad hoc pay increase of Rs.50/-, Rs.60/- & Rs.70/-, which was made admissible to the Ministerial employees of the Home Department by order passed by the erstwhile unified State of Madhya Pradesh on 28.08.2000. The benefit flowing from the said order wa s paid to the employees, however, by issuing the order dated 29.07.2006, the payment already made to the petitioners as well as pay scale granted to them were sought to be reduced. This gave rise to Abdul Nawab Khan (supra), in which, the writ Court passed the following order :

10.

Applying the well settled principles of law to the facts of the present case and for the reasons mentioned hereinabove, the petitions are accordingly allowed in the terms of the order passed in Vidyadhar Tiwari (supra) i.e., the impugned order dated 29-7-2006 is hereby quashed. The amount, if any, so deducted be paid to the petitioners with simple interest. However, liberty is reserved to the respondents, if so advised, to take appropriate steps after

complying with the principles of natural justice in accordance with Rule 65 of the Chhattisgarh Civil Services (Pension) Rules, 1976. No order asto costs. Rule is made absolute.

Feeling aggrieved, the State Government preferred Review Petition No.57 of 2010 (State of Chhattisgarh & others v. Smt. Raj Bai Bhargav & others) and other connected matters, wherein, the following order was passed :

The applicants seek review of the order dated 7.5.2009 passed in WP (S) No.4563/2006 (Abdul Nawab Khan & Others v. State of Chhattisgarh & Others) and other connected matters, on the ground that the respondents (writ petitioners therein) are approaching the Government for fixation of their pay scale.

On perusal of the judgment and order dated 7.5.2009, which is sought to be reviewed, there is no direction for fixation of pay scale, as the said issue was neither raised nor argued at the time of hearing of the writ petition, though a pleading was made in the writ petition. Thus, without pressing the issue as the same was given up during the argument, no decision on the question of fixation of pay was taken and no direction has been issued.

The judgment and order dated 7.5.2009 is clear and does not admit of any ambiguity and further, not capable of any other explanation or meaning.

4.

In view of the above, all the above review petitions are disposed of.

4.

The petitioners of the writ petitions preferred Writ Appeal No.426 of 2011 (Smt. Raj Bai Bhargav and others vs. The State of Chhattisgarh and others) challenging the order passed by the Review Court. The writ appeals were allowed and the order passed while exercising the review jurisdiction were set aside. Meaning thereby that the order passed by the writ Court in Abdul Nawab Khan (supra) remained intact. The State Government, thereafter, preferred Special Leave to Petition (Civil) No.13274 of 2013 (State of Chhattisgarh & others v. Raj Bai Bhargav & others) challenging the order passed in Writ Appeal and the said SLP was also dismissed. Once again the order passed by the Writ Court in Abdul Nawab Khan (supra) remained intact.

5.

Several other employees like the present batch of petitions belonging to the Ministerial Cadre of the Home Department started preferring writ petitions claiming similar benefit as has been made admissible to the petitioners of Abdul Nawab Khan (Supra). These petitions came to be filed because by order

dated 03.12.2013 the Home Department issued instructions to the Police Headquarter that only such employees would get the benefit in whose favour the High Court has passed the orders.

6.

Learned counsel for the petitioner would submit that the petitioners being similarly placed, they are entitled to similar benefit.

7.

Shri Bhaduri, learned counsel appearing for the State would submit that the petition not only suffers from delay and latches, but the petitioners are not identical and similarly placed, therefore, they are not entitled for any relief. Shri Bhaduri would further submit that firstly the circular dated 28.08.2000 stood withdrawn by the State of Chhattisgarh on 23.08.2001 and before that the Police Headquarter Madhya Pradesh withdrew the same on 12.02.2001, therefore, the petitioners are not entitled for any relief.

8.

According to Shri Bhaduri, quashment of the order dated 29.07.2006 would in no way effect the State Government's earlier circular dated 25.03.2006, therefore, the petitioners are not entitled for any relief. In the alternative, Shri Bhaduri would submit that taking the benefit of similar order such persons who have retired long back and even the legal heirs of the deceased

employees as well as fresh recruitees who have joined in the Ministerial Cadre few months or few years back have started preferring writ petitions unnecessarily burdening the exchequer and the authorities fearing contempt jurisdiction of this Court are enlarging the benefit even to those persons who are not entitled for the benefit.

9.

Shri Bhaduri would also submit that although the order dated 28.09.2013 was issued by the Director General of Police, but since the matter relates to grant of pay scale, arrears etc. the concurrence of the Finance Department would be necessary, therefore, the State may be permitted to examine the issue as to whether or not the case of the petitioners are similar to the case of the Abdul Nawab Khan (supra) in respect of whom the matter has attained finality. Learned counsel would fairly submit that in the event the cases of the petitioners are similar to Abdul Nawab Khan (supra), they would be entitled to such benefits available to them in law, however, the scrutiny has to be made at the appropriate level involving the Finance Department of the State Government.

10.

In view of what has been urged by the learned counsel appearing for both the parties, all the writ petitions are disposed of in the following terms.

• The Department of Home, Government of Chhattisgarh shall constitute a committee consisting of senior IPC Officers not below the rank of ADGP and a senior officer of the Finance Department not below the rank of Additional Secretary.

• The petitioners shall submit a representation before the said committee within a period of one month from today.

• The committee shall examine the issue as to whether the respective cases of the petitioners are similar to Abdul Nawab Khan (Supra). If the petitioners are similar to those petitioners, they shall be entitled to all such benefits which are admissible to those petitioners on the subject issue.

Sd/- Judge Prashant Kumar Mishra Gowri