Taran Prasad Sharma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (SERVICE) NO. 2365 OF 2021

1. Taran Prasad Sharma, S/o Late Ramsahay Sharma, aged about 60 years, presently working on the post of Excise Constable, Excise Circle, Rasmada Sona Breveri Plant, Durg, Distt. Durg (CG)

2. Ramesh Kumar Tiwari, S/o Late Bhuleshwar Nath Tiwari, aged about 60 years, presently working on the post of Excise Constable, Excise Circle, Durg West, Distt. Durg (CG)

3. Pawan Kumar Thakur, S/o Late Raghunath Thakur, aged about 55 years, presently working on the post of Excise Constable, Excise Circle Bhilai, Circle 3, Durg, Distt. Durg (CG)

4. Ramdin Sarwa, S/o Late Ramnath Sarwa, aged about 60 years, presently working on the post of Excise Constable, Excise Circle Gundardehi, Distt. Balod (CG) ... Petitioners versus 1.

State of Chhattisgarh, through the Secretary, Department of Excise, Mahanadi Bhawan, New Raipur, District Raipur (CG) 2.

Commissioner, Office of Commissioner (Commercial Tax/Excise) G.S.T. Bhawan, New Raipur, District Raipur (CG) 3.

The District Excise Officer- Durg, District Durg (CG) 4.

District Excise Officer, Balod, District Balod (CG) ... Respondents 5.

For Petitioner :

Mr. A.N. Pandey, Advocate.

For Respondents/State :

Mr. Jitendra Pali, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 15/06/2021 1.

Grievance of Petitioners in the present Writ Petition is that they were initially appointed as Salesman in the year 1993 in the Excise Department and subsequently, after 15 years, they along with the others were absorbed to the post of Constable in the Excise Department. Thereafter, on 22.1.2016, certain pay fixation was made in respect of the persons who were posted in different Districts and they were given a particular pay scale, which would be evident from the documents collectively filed as Annexure P-3. Though the Petitioners were posted in different Districts but they have not been granted the benefit of

such revised pay scale which has been given to the other similarly situated employees who were posted along with the Petitioners. 2.

Learned Counsel for Petitioners submits that, at present, the Petitioners may be allowed to make a detailed representation to the concerned Respondents along with the order by which the similarly situated employees have been granted certain pay scale so that the Petitioners would not be deprived of their right and the said representation may be directed to be decided by the Respondents within a stipulated time.

3.

Considering the limited prayer made by the Petitioners, the present Writ Petition is disposed of with a liberty to the Petitioners to make a detailed representation to the Respondents along with the copy of the order whereby the other similarly placed persons have been given the pay scale, within a period of two weeks from the date of receipt of copy of this order. On receipt of such representation, the Respondents shall consider and decide the same within a further period of 90 days with respect to the entitlement of the Petitioners for the particular pay scale which has been granted to other similarly situated persons.

4.

It is made clear that this Court has not expressed any opinion on the merits of the case.

5.

Writ Petition accordingly stands disposed of. Sd/- (P. Sam Koshy) sharad JUDGE