Rajendra Kumar Mishra v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2863 of 2017 Rajendra Kumar Mishra S/o Late G. M. Mishra, Aged About 61 Years Posted As Assistant Grade Il, Public Works Department ( E/ M ), Sub Division, Bilaspur (Chhattisgarh).

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Public Works Department, Mahanadi Bhawan, New Raipur, P. S. Rakhi, District Raipur (Chhattisgarh).

2. The Engineer-In- Chief, Public Works Department, Sirpur Bhawan, Behind Akashwani, Raipur (Chhattisgarh).

3. The Superintending Engineer, Public Works Department ( Electrical/ Mechanical Circle ), Opposite Civil Court, Bilaspur (Chhattisgarh).

4. The Executive Engineer, Public Works Department ( Electricity/ Mechanical ), Bilaspur (Chhattisgarh).

---- Respondents For Petitioner :

Smt. Savita Tiwari, Advocate For State/Respondents :

Shri S.P. Kale, Dy. A.G.

S.B. Hon'ble Shri Justice P. Sam Koshy Order On Board 06/07/2017 Heard.

1. As all the respondents represented through State counsel, service of notice to the respondents is dispensed with.

2. Grievance of the petitioner is that the petitioner, who is working on the post of Assistant Grade-III, is entitled to time bound pay-scale, which is payable to an employee who has been continuously working on a particular post for a period of 10 years and thereafter 20 years. It is the case of the petitioner that he is not being considered by the respondents for grant of time bound pay-scale in spite of fulfilling the requisite eligibility criteria.

3. Learned counsel for the petitioner submits that the petitioner has moved a representation also in this regard but the same has not been considered by the

-2respondents.

4. In view of the above stated factual matrix of the case, this Court is of the opinion that no fruitful purpose would be served in keeping the petition pending and therefore, the present writ petition, at this juncture, is disposed of with a direction to respondents No. 2 & 3 to consider the case of the petitioner for grant of time-bound pay-scale on his completion of 10 and 20 years of service on the present post.

5. Subject to verification, in the event the petitioner is found entitled for the benefit as claimed by him, the same shall be granted to the petitioner forthwith and if the petitioner is not entitled, the petitioner should be intimated as to why he is not entitled for the same.

6. Let this exercise be done within a period of 3 months from the date of receipt of certified copy of this order by the Authority. Sd/-- (P. Sam Koshy) Judge Praveen