Mukesh Kumar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4930 of 2017 • Mukesh Kumar S/o Late Jailal Ram Aged About 34 Years Presently Working As Gangman Labour, Department Of Public Works, Sub- Division No.1, Ambikapur, Office Of Executive Engineer, Ambikapur, District Surguja, Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Public Works, Mahanadi Bhawan, Mantralaya, Naya Raipur, Chhattisgarh.

2. Engineer- In - Chief, Department of Public Works, Sirpur Bhawan, Raipur, District- Raipur, Chhattisgarh.

3. Chief Engineer, Department Of Public Works, Ambikpaur, District Surguja, Chhattisgarh.

4. Superintendent Engineer, Department Of Public Works, Ambikpaur Division Ambikapur, District Surguja, Chhattisgarh.

5. Executive Engineer, Department Of Public Works, Ambikpaur, District Surguja, Chhattisgarh ---- Respondent And WPS No. 4936 Of 2017 • Binnu Ram S/o Late Somen Ram Aged About 38 Years Presently Working As Gangman Labour, Department Of Public Works, Sub Division No.2, Ambikapur, Office Of Executive Engineer, Ambikapur, Police Station Kotwali, Ambikapur, District Surguja, Chhattisgarh.

---- Petitioner Vs

1. State Of Chhattisgarh Through Secretary, Department Of Public Works, Mahanadi Bhawan, Mantralaya, Naya Raipur, Chhattisgarh.

2. Engineer-In-Chief, Department Of Public Works, Sirpur Bhawan, Raipur, District Raipur, Chhattisgarh.

3. Chief Engineer, Department Of Public Works, Ambikapur, District Surguja, Chhattisgarh.

4. Superintendent Engineer, Department Of Public Works, Ambikapur Division, Ambikapur, District Surguja, Chhattisgarh.

5. Executive Engineer, Department Of Public Works, Ambikapur, District Surguja, Chhattisgarh.

---- Respondents For Petitioners Shri Pawan Shrivastava, Advocate For Respondent-State Ms. K. Tripti Rao, PL Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 30/11/2015 1.

Petitioners were appointed as Labourer in Permanent Gang. By virtue of the circular dated 12.02.2008 (Annexure-P-2), the petitioners are entitled to regular pay scale, as has been allowed in favour of other similarly placed employees, but the respondents are not allowing regular pay scale. 2.

Considering the limited issue brought before this Court, the writ petitions are disposed of with direction that on petitioners' submitting fresh representation claiming regular pay scale on the strength of circular dated 12.02.2008, within a period of 4 months from today, the competent authority shall consider and decide the representation by a speaking order, at the earliest, preferably within a period of

3 months from the date of submission of representation. 3.

It is made clear that this Court has not expressed any opinion on the merits of the case and the respondent authorities shall decide the matter, on its own merits, strictly in accordance with law, without treating any observation made in this order as opinion on the merits of the case. Sd/- Judge Prashant Kumar Mishra Nirala