Avinash Sendur v. National Institute Of Technology

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2354 of 2019 Avinash Sendur S/o Shri J. M. Sendur Aged About 55 Years Technical Assistant, Natinal Institute Of Technology, R/o Sendur Bhawan, Nayi Basti, Noorani Chowk, Raja Talab, Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Petitioner

Versus

National Institute Of Technology Through Its Director, Opposite Science College, G.E. Road, Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondent For Petitioner :

Mr. Sachidanand Yadav, Advocate For Respondent :

None.

Hon'ble Shri Justice P. Sam Koshy Order on Board 05/04/2019

1. The present writ petition has been filed seeking appropriate direction to the respondents to grant consequential benefits of annual increment since 2007 and also the periodical revision of pay that has taken and also the promotions which have been given at par with the immediate junior.

2. Contention of the petitioner is that the petitioner was working as a Technical Assistant under the respondents and he was subjected to enquiry by the High Level Caste Scrutiny Committee constituted by the State Government alleging that the caste certificate which the petitioner had used for the purpose of obtaining employment was false. High Level Caste Scrutiny Committee passed an order on 10/09/2007 holding that the caste certificate of the petitioner was

false and further correspondence was made on 13/09/2007 whereby the respondent was instructed to take appropriate steps against the petitioner in the light of the finding of the High Level Caste Scrunity Committee.The said order dated 10/09/2007 and order dated 17/09/2007 issued by the High Level Caste Scrutiny Committee of the State Government was subjected to challenge in a writ petition i. e. WPS No. 6310/2007. The writ petition finally stood allowed on 23/01/2019 whereby this Court had set aside/quashed both the orders dated 10/09/2007 and 17/09/2007 and it was further directed that the petitioner would be entitled for consequential reliefs. The petitioner meanwhile has been serving the respondents uninterruptedly since 2007. It is alleged that the petitioner has not been given annual increment or the benefit of revision of pay or promotion etc. as was granted to the similarly placed persons.

3. Given the limited grievance that the petitioner has raised , let petitioner make a detail representation to the respondents, in addition, to Annexure (P-4), the representation which he has made on 04/03/2019 and the respondent in turn is directed to consider and decide the claim of the petitioner, particularly, keeping in view the fact that this Court vide its order dated 23/01/2019 in WPS No. 6310/2007 have already set aside/quashed the order passed by the High Level Caste Scrutiny Committee dated 10/09/2007 and 17/09/2007.

4. Let this exercise be completed by the respondent within a period of three months from the date of receipt of copy of this order.

5. The writ petition stands accordingly disposed off. Sd/- (P. Sam Koshy) Judge Rohit