Dhana Ram Rai v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2201 of 2019

1. Dhana Ram Rai S/o Shri Lal Rai Aged About 44 Years Working As Teacher (Nagriy Nikay) And Posted At Govt. Girls Middle School Akaltara, District Janjgir Champa Chhattiagrh., District : Janjgir-Champa, Chhattisgarh

2. Kuldeep Sahu S/o Shri Shatruhan Lal Sahu Aged About 32 Years Working As Lecturer (Nagriya Nikay) And Posted At Govt. Boys Higher Secondary School Simga, District Simga District Baloda Bazar Bhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh

3. Ku. Ranjita Usendi D/o Late Shri Maniram Usendi Aged About 27 Years Working As Lecturer (Nagriya Nikay) And Posted At Govt. Higher Secondary School Mahavir Chowk, Narayanpur, Block And District Narayanpur, Chhattisgarh., District : Narayanpur, Chhattisgarh

4. Bhumika Verma D/o Virendra Verma Aged About 32 Years Working As Lecturer (Nagriya Nikay) And Posted At Govt. Boys Higher Secondary School Simga District Baloda Bazar Bhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Petitioners

Versus

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

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

3. Chief Municipal Officer Nagar Palika Parishad Akaltara, District Janjgir Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

4. Chief Municipal Officer Nagar Panchayat Simga District Baloda Bazar Bhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh

5. Chief Municipal Officer Nagar Panchayat Narayanpur, District Narayanpur, Chhattisgarh., District : Narayanpur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Ajay Shrivastava, Advocate For State :

Mr. Saleem Kazi, Dy. AG

-2Hon'ble Shri Justice P. Sam Koshy Order on Board 28/03/2019

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

2. The grievance of the petitioner was that the petitioner was initially appointed under the Panchayat department and subsequently applied for recruitment on the higher post under the Municipal Council in the year 2013 and taking both the services, the petitioner has completed more than 8 years of service and therefore he is entitled for the benefit of higher pay scale.

3. The counsel for the petitioner 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).

-36. The writ petition accordingly stands allowed. The petitioner would be entitled for the benefit as prayed for subject to the verification of the case by the Department.

Sd/-/- (P. Sam Koshy) Judge Rohit