Pyarelal Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.2743 OF 2019

1. Pyarelal Sahu S/o Late Shri Ramsingh Sahu Aged About 61 Years R/o Government Physical College Campus Pendra, Tahsil Pendra District Bilaspur Chhattisgarh.

...Petitioner(s)

Versus

1. State Of Chhattisgarh Through The Secretary, School Education Department Ministry, Mahanadi Bhavan, Atal Nagar New Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. The Director, Directorate Of Public Instruction, Indrawati Bhavan, First Floor, Block - 03, New Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Respondent(s) For Petitioner :

Shri Alok Dewangan, Advocate.

For Respondent-State :

Ms. Sunita Jain, Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 11.04.2019 1.

Learned counsel for the petitioner would submit that the petitioner is working on Ministerial Posts in the department of Health and Family Welfare District Durg. He is entitled for Kramonati Vetan Maan (Time Scale Pay) in terms of the State Government's Circular dated 28.04.2008 (Annexure-P1) and other similar circulars issued by the State from time to time. However, the respondents have not decided the issue for grant of second Kramonati Vetan Maan to the petitioner despite the fact that the benefit of the State Government's circulars have been extended to similarly placed employees. 2.

Learned counsel for the petitioner would further submit that for the present petitioner may be permitted to prefer fresh representation and the respondents may be directed to decide the representation in accordance with law.

3.

Learned State counsel would fairly submit that if the issue has been dealt with by the State Government by issuing circulars, the petitioner may prefer representation which shall be dealt with in accordance with the State Government's circular. 4.

Considering the limited issue involved in the petition, ends of justice would be served, if the writ petition is disposed of with a direction

that in the event, petitioner prefer fresh representation along with copy of the writ petition before the competent authority within a period of 4 weeks from today, the competent authority shall decide the issue regarding grant of second Kramonati Vetan Maan to the petitioner by speaking order, at the earliest, preferably within a period of 3 months from the date of submission of the representation.

5.

The writ petition is accordingly disposed of. 6.

It is made clear that this Court has not expressed any opinion on the merits of the case and the respondent authorities shall decide the matter, on its own merits, strictly in accordance with law, without treating any observation made in this order, as opinion on the merits of the case.

Sd/- (P. Sam Koshy) Judge inder