Ramnarayan Sahu v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1947 of 2019

1. Ramnarayan Sahu S/o Shri Prahlad Sahu Aged About 36 Years Working As Assistant Teacher (Nagriya Nikay) And Posted At Government Girls Higher Secondary School Bhaismundi, Block Magarlod, District - Dhamtari Chhattisgarh.

2. Smt. Smita Bek W/o Shri Sanjay Kumar Ekka Aged About 30 Years Working As Teacher (Nagriya Nikay) And Posted At Government Middle School Kenapara, District - Koriya Chhattisgarh. ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Mantralaya Naya Raipur, District - Raipur Chhattisgarh.

2. The Secretary Department Of Panchayat Mahanadi Bhawan, Mantralaya Naya Raipur, District - Raipur Chhattisgarh.

3. Chief Nagar Palika Adhikari Nagar Panchayat Bhaismundi, District - Dhamtari Chhattisgarh.

4. Chief Municipal Officer Nagar Palika Parishad, Baikunthpur, District Koriya Chhattisgarh.

---Respondents For Petitioners :

Mr. Ajay Shrivastava, Advocate For State :

Mr. Rahul Mishra, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 19/03/2019

1. The dispute raised in the present writ petition is the nonconsideration of the case of the petitioners for grant of revised pay scale on completion of 8 years of service. The denial to the petitioners was that the petitioners have not completed 8 years of service under the same employer.

2. The grievance of the petitioners was that the petitioners were initially appointed under the Panchayat department and subsequently

-2applied for recruitment on the higher post under the Nagriya Nikay in the year 2014 and 2010 respectively and taking both the services, the petitioners have completed more than 8 years of service and therefore they are entitled for the benefit of higher pay scale.

3. The counsel for the petitioners submits that the issue involved in the present writ petition is squarely covered by the judgment of this Court in a bunch of writ petitions disposed off on 27.10.2018. The lead case of which being WPS No. 6147/2018 (Shabnum Khatun v. State of Chhattisgarh & Ors.)

4. This aspect is not disputed by the State counsel so far as the matter being similar to the one passed in the case of "Shabnum Khatun" (supra).

5. Given the facts and circumstances of the case the present writ petition also deserves to be and is accordingly disposed off in similar terms to the order passed in WPS No. 6147/2018 (Shabnum Khatun v. State of Chhattisgarh & Ors).

6. The writ petition accordingly stands allowed. The petitioners would be entitled for the benefit as prayed for subject to the verification of the case by the Department.

Sd/- (P. Sam Koshy) Judge Ved