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High Court Of ChhattisgarhWPS/2764/2018disposed off

Premlal Sahu v. State Of Chhattisgarh

2018-04-03Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2764 of 2018 Premlal Sahu S/o Shri Dashru Ram Sahu Aged About 51 Years Posted At Government I T I Dongargarh District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary , Skill Development Technical Education And Employment Department Chamber No. 52/3, Mantralaya, Mahanadi Bhawan New Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Director, Directorate Employment And Training Indrawati Bhawan Block No. 4 , First Floor, New Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. Joint Director , Employment And Training Indrawati Bhawan Bairan Bazar Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

4. Commissioner - Cum - Secretary Directorate Employment And Training Chhattisgarh Block - D , First Floor, Indrawati Bhawan New Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

5. Principal I T I Dongargarh District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh ....Respondents For Petitioner :

Mr. B.P. Banjare, Advocate For State :

Mr. Manish Nigam, Panel Lawyer Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 03.04.2018 Heard.

1.

The present petition under Article 226 of the Constitution of India has been filed for a direction to the respondents to grant regular pay-scale to the petitioner under the contingency services immediately on completion of three years of service from the initial date of appointment.

2.

Learned counsel for the petitioner submits that the petitioner is in employment since

long and therefore he is entitled for grant of regular pay-scale after completion of three years service. He further submits that similar reliefs have already been granted to certain persons whose services were also regularized in the State Government in the year 2008. He refers to an order dated 10.03.2015 stating that the said order is in respect of identically placed persons.

3.

At this juncture, learned State counsel submits that it would be better if the petitioner files detailed fresh representation to respondent no.2 along with all relevant documents in support of his claim including the orders of the State Government as also the orders of the High Court in other connected petitions. He further submits that in case representation is made, the Authority respondent no.2 shall decide the same within a further period of three months from the date of receipt of the representation. 4.

The proposal of the State counsel is acceptable to the counsel for the petitioner. 5.

Accordingly, the present writ petition stands disposed of with liberty to the petitioner to file fresh representation to respondent no.2 along with all relevant documents in this regard giving benefit to similarly placed persons and on such representation being made, respondent no.2 shall dispose of the same within a period of 90 days form the date of receipt of the representation.

6.

It is made clear that this Court has not expressed any opinion so far as the entitlement of the petitioner is concerned. The Authorities shall be free to take a decision purely in accordance with the rules governing the field. 7.

No order as to costs.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha