Kailash Singh Sengar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1076 of 2017 • Kailash Singh Sengar S/o Shri Jangbahadur Singh, Aged About 50 Years Working As Lab Attendant, Govt. Higher Secondary School, Kanjiya, Block Bharatpur, District Koriya (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Tribal Welfare Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur (Chhattisgarh)

2. Assistant Commissioner, Tribal Welfare Department, Koriya, District Koriya (Chhattisgarh)

3. Principal, Govt. Higher Secondary School, Kanjiya, District Koriya (Chhattisgarh)

4. Joint Director, Account Treasury And Pension, Ambikapur, District Surguja (Chhattisgarh) ---- Respondents For Petitioner:

Mr. C.J.K. Rao, Advocate For State :

Mr. B. Gopa Kumar, Dy. Advocate General Hon'ble Shri Justice P. Sam Koshy Order on Board 03.03 .2

1. The Petitioner through the present Writ Petition seeks for a direction to the Respondents to take a decision on the claim of the Petitioner for grant of benefit of revised pay fixation in view of the recommendations made by the Principal, Higher Secondary School Kanjiya, District Koriya.

2. The claim of the Petitioner is that he was appointed to the post of lab attendant as a daily wager w.e.f. 23.02.1994. Subsequently, his services have been regularised at the instance of order passed by the State Administrative Tribunal with effect from 09.09.2008.

3. According to the Petitioner though his services have been

regularised but he has not been granted benefits of the periodical revision of pay. He further submits that the case of the Petitioner has also been recommended by the Principal of the School where the Petitioner is working i.e. Respondent No.3 vide his recommendation dated 26.11.2015. However no decision has been taken by the authorities concerned till date.

4. At this juncture the State Counsel submits that let a direction be issued to Respondents No. 2 and 4 to consider the case of the Petitioner. In view of the above let the present Writ Petition be disposed off with a direction to the Respondent No. 2& 4 to consider the entitlement of the Petitioner and pass an appropriate order within a period 3 months from the date the Petitioner presents the certified copy of the order of this Court before Respondents No. 2 and 4.

5. Needless to mention that this Court has not expressed anything on merits of the case. The Respondents No. 2 and 4 shall examine the case of the Petitioner in accordance with the rules governing the filed and take a decision. If needed, the Petitioner would also be at liberty to move a fresh detailed representation along with all the documents in support of the claim he makes.

6. With the aforesaid observation, the present Writ Petition stands disposed off.

Sd/- (P. Sam Koshy) JUDGE kishore