Umakant Tiwari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.3352 of 2017 • Umakant Tiwari S/o Shri J.P.Tiwari, Aged About 58 Years Presently Posted As Child Development Project Officer, Integrated Child Development Project, Deori, District Balod, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary Women And Child Development Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh

2. Director, Directorate Of Women And Child Development, Indrawati Bhawan, Naya Raipur, Chhattisgarh

3. District Program Officer, Women And Child Development Department, Balod, District Balod, Chhattisgarh ---- Respondents For Petitioner :

Shri Abhyuday Singh, Advocate For Respondent/State :

Shri S. P. Kale, Dy.AG Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 26/07/2017 Heard.

2.

Learned counsel for the petitioner submits that the petitioner is claiming proper pay fixation and grant of proper pay over and above his juniors in the light of order passed by the State of Madhya Pradesh in respect of similarly situated employees on 18-02-2016.

3.

After going through the petition, it appears that the petitioner and his counterparts, now in the State of Madhya Pradesh, were initially appointed as Nutrition Officer and in course of time, under a policy decision, they were absorbed with effect from the initial date of appointment on the post of Nutrition Officer/Nutrition Inspector in the Department and they have been granted promotion on the post of Child Development Project Officer in the year 1996. Now, the petitioner is claiming that as he

was absorbed from the initial date of appointment and he has also been granted notional promotion on the post of Child Development Project Officer, therefore, all benefits of pay fixation from the due date should be extended to the petitioner. According to the petitioner, after re-organization, in the State of Madhya Pradesh, similarly treatment has been meted out to the similarly situated Nutrition Inspector, therefore, claim has been raised before the Government. 4.

Considering the aforesaid submission, it would be proper at this stage to direct the State Government to consider the petitioner's representation and take appropriate decision for grant of pay scale from the date, when the petitioner was granted notional promotion on the post of Child Development Project Officer. The decision may be taken within a period of three months from the date of receipt of a copy of this order. 5.

In view of above, this petition is finally disposed off with liberty to revive, in case, grievance is not redressed.

SD/- (Manindra Mohan Shrivastava) Judge Tumane