Prakashan N. V. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2364 of 2018 Prakashan N. V. S/o Late M.C.K. Nambiar, Aged About 47 Years Working As Head Constable, Reserve Police Line, District Rajnandgaon, R/o Police Line, Pension Bada, Behind Tower Line Colony, Qtr. No. C/16, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Principle Secretary, Department Of Home, Mantralaya, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. The Director General Of Police, Police Head Quarter, Chhattisgarh, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. The Superintendent Of Police, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh ---- Respondents Shri Sunil Pillai, counsel for the petitioner/s. Shri Chandresh Shrivastava, Panel Lawyer for the State. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 16/03/2018 The grievance of the petitioner, as ventilated through this petition is that according to the Government's policy of granting scale promotion upon completion of 10 years as per circular dated 28/04/2008, the petitioner was entitled to be granted 1st scale promotion w.e.f. 05/09/2007 but the same was granted to him belatedly w.e.f. 02/03/2016. Now the petitioner has become due for 2nd higher pay scale under the same circular, but still he is continuing with the earlier pay scale. Therefore, the policy of Government to ameliorate stagnation of Government servants who are not getting promotions for want of vacancies, has been violated. It is submitted that the petitioner has made representation to respondent No.3 but the same has not been decided. 2.

State counsel submits that petitioner's claim for grant of 1st and 2nd scale promotion would receive consideration by respondent No.3 in accordance with the Government policy for grant of such scale promotion.

3.

Upon consideration of aforesaid submission, this petition, at this stage, is disposed off with a direction to respondent No.3 to decide petitioner's claim for grant of 1st and 2nd scale promotion from the dates which are due as per Government circular dated 28/04/2008 and any other applicable circular in the matter. The decision should be taken within a period of three months by a speaking order. It would be open for the petitioner to submit fresh representation in continuance of earlier representation along with copy of this order. Sd/- (Manindra Mohan Shrivastava) Judge Deepti