Krishana Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3070 of 2018 Krishana Yadav, S/o Shri Devcharan Yadav, aged about 37 years, Constable, Presently working at office of Superintendent of Police, Kanker, District-Kanker, Chhattisgarh.

---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary, Home Department, Mahanadi Bhawan, New Raipur, Chhattisgarh.

2. Director General of Police, Police Head Quarter, New Raipur, Chhattisgarh.

3. Superintendent of Police, Kanker, District-Kanker, Chhattisgarh.

4. The Commandant, 10th Battalion C.A.F., Sarguja, District-Sarguja, Chhattisgarh.

---- Respondents For petitioner :

Shri Somkant Verma, Advocate.

For Respondent/State :

Ms. Sunita Jain, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 16/04/2018

1. The Petitioner has prayed for a direction to the respondents to decide his representation relating to his claim for continuing to be governed under the old pension scheme.

2. The petitioner was earlier appointed as Constable in the State Armed Force (SAF) on 09.12.2003. After seeking permission from the department, he appeared in the recruitment of District Police Force of Kanker and was eventually appointed as Constable (GD) on 14/15.10.2008.

3. According to learned counsel for the petitioner, in view of the clarification issued by the Finance Department of Government of Chhattisgarh by a communication dated 20.09.2006, the employees

like the petitioner, who were governed under the old pension scheme prior to 31.10.2004 and have joined on a new post after the said date, shall continue to be governed under the old pension scheme. He would submit that several similarly placed employees have been granted the benefit of old pension scheme, however, the petitioner's representation to this effect has not yet been decided. He would submit that for the present, the writ petition may be disposed of with a direction to the respondents to decide the petitioner's representation.

4. Learned State counsel would submit that if the petitioner submits a fresh representation, the same shall be considered in accordance with law.

5. Considering the limited prayer made at this stage, the writ petition is disposed of with a direction that in the event the petitioner prefers a fresh representation before the competent authority of the respondents within a period of one month from today, the competent authority of the respondents shall consider and decide the same within a further period of 3 months from the date of submission of representation, in accordance with law.

Sd/- (P. Sam Koshy) Pawan JUDGE