Rajendra Kumar Jaiswal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2420 of 2015 • Rajendra Kumar Jaiswal S/o Late Shri Ra, Shubham Jaiswal Aged About 58 years Head Master, Government Middle School Murliganj, Block Wadrafnagar, Ramanujganj, District Balrampur - Ramanujganj Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary Tribal Welfare Department Mahandi Bhawan, New Raipur Chhattigarh

2. The Commissioner Tribal Welfare Department Raipur Chhattisgarh

3. The Assistant Commissioner Tribal Welfare Department Ramanujganj District Balrampur Ramanujganj Chhattisgarh

4. Block Education Officer Ramanujganj, District Balrampur - Ramanujganj Chhattisgarh

5. Joint Director Treasury Account & Pension, Balrampur- Ramanujganj Chhattisgarh ---- Respondents For Petitioner :

Shri Rahul Mishra, Advocate For Respondents/State :

Shri YS Thakur, Dy. AG for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 08/07/2015 1.

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. 2.

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. 3.

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." 4.

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.

5.

Accordingly, the writ petition is disposed of. Sd/- J U D G E Prashant Kumar Mishra ashu