Dr.Niraj Yadu v. State Of Chhattisgarh And ORS.

AFR HIGH COURT OF CHHATTISGARH. BILASPUR Writ Petition (S) No. 6933 of 2006 Dr. Niraj Yadu, aged about 51 years, son of Late Dr. B.S. Yadu, working as Assistant Surgeon (Dental), Government Hospital- Mahasamund, (Chhattisgarh) -- PETITIONER

Versus

1.

State of Chhattisgarh, through the Secretary, Department of Health and Family Welfare, Dau Kalyan Singh Bhawan, Mantralaya, Raipur (C.G.) 2.

The Director, Departmentof Public Health adn Family Welfare, Behind Dau Kalyan Singh Bhawan, Raipur (C.G.) 3.

The Chief Medical and Health Officer, Mahasamund, District Mahasamund (C.G.) RESPONDENTS : Mr. Kishore Bhaduri, Advocate.

For Petitioner For Respondents/State : Mr. Prasun Bhaduri, Govt. Advocate.

Hon'ble Shri Justice Saniav K. Aarawal OrdejLQn Board 24/10/2016 (1) Learned counsel appearing for the petitioner would submit that the petitioner is working as Assistant Surgeon (Dental) and he is entitled for Senior Grade Pay Scale as per M.P./C.G. Revision of Pay Rules, 1990 as the petitioner has completed more than six years of service and he has not been provided Senior Grade Pay Scale for which he made several representations, which are still not decided. He relies upon Schedule 1 attached with Pay of Revision Rules, 1990, paragraph 4, column 12 in which Assistant Surgeon (Dental) is entitled for pay revision on the completion of six years. He further

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submits that he may be permitted to file fresh representation to the State Government for redressal of his grievances. (2) I have heard learned counsel appearing for the petitioner and perused the order impugned with utmost circumspection. (3) Revision of Pay Rules, 1990, Schedule annexed with Annexure-11 enacted under Rule 4 of Rules, 1999. Paragraph 12 (4) provides as under:- PUBLIC HEALTH DEPARTMENT

(1) Director, Medical Services Sr. No.

Name of Post Existing scale Revised scale Remarks (in rupees) (in rupees) 1.

xxxx xxxx xxxx XXX 2.

xxxx xxxx xxxx xxxx 3.

xxxx XXX xxxx XXX 4.

Assistant Surgeon/ Dental Surgeon Rs. 1820-3300 Rs.2200-4000 (60% of posts) Rs.3000-4500(25% of posts) On completion of years service.

Rs.3700-5000(15% of posts On completion of years service in senior grade.

(4) Prayer appears to be fair & reasonable.

(5) Be that as it may, the petitioner is directed to make fresh representation alongwith copy of Revision of Pay Rules, 1990 to the respondents No. 1 & 2 within a period of 15days from today, and in turn, the respondents No.

& shall take adecision of the petitioner's representation within a further period of four weeks from the date of submissions of represejQtation and passed reasoned or

^ speaking order considering the representation and the Rules relied upon by the petitioner after hearing the petitioner.as the writ petition wasfiledon 10.11.2006.

(6) With the aforesaid observations, the writ petition stands finally disposed of.

Sd/- Sanjay K. Agrawal Judge D/-