Parvati Parida v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 2069 of 2019 Parvati Parida Wd/o Late Ramesh Parida, Aged About 50 Years Working As Peon, At Government Girls Higher Secondary School, Nagri, Block Nagri, District - Dhamtari Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, School Education Department, Mantralaya Mahanadi Bhawan, New Raipur, District - Raipur Chhattisgarh

2. Commissioner, Tribal Welfare Department, Raipur District - Raipur Chhattisgarh

3. Director, Lok Shikshan Sanchanalaya, Indrawati Bhawan, New Raipur District - Raipur Chhattisgarh

4. District Education Officer, Dhamtari, District - Dhamtari Chhattisgarh

5. Assistant Commissioner, Tribal Welfare Department, Dhamtari District - Dhamtari Chhattisgarh ---- Respondents For Petitioner :

Mr. Harish Khuntiya, Advocate.

For State :

Ms. Sunita Jain, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 25.03.2019 The present petition under Article 226 of the Constitution of India has been

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 1990 and therefore she is entitled for grant of regular payscale 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 respondents 4 & 5 along with all relevant documents in support of her 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 respondents 4 & 5 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 respondents 4 & 5 along with all relevant documents in this regard giving benefit to similarly placed persons and on such representation being made, respondents 4 & 5 shall dispose off 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/- P. Sam Koshy Judge Khatai