High Court Of ChhattisgarhWPS/4311/2012disposed off

Manva Das Tandan v. State Of Chhattisgarh And ORS.

2018-04-27Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.4311 of 2012 Manva Das Tandan S/o Ghursen Das Aged About 65 Years Retd. Hm, R/o Vill. Patanakapa, Post Kheda, Via Nandghat, Tah. Navagarh, Distt. Bemetara, Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh through Its Secretary, Department of School Education, DKS Bhawan Raipur, Chhattisgarh.

2. Commissioner Public Instructions Raipur, Chhattisgarh.

3. District Education Officer Bemetara, Distt. Bemetara, Chhattisgarh.

4. Joint Director, Treasury Accounts and Pension Raipur, Chhattisgarh. ---- Respondents For Petitioner :

Shri Yogesh Pandey, Advocate.

For State :

Shri Lav Sharma, Panel Lawyer.

SB: Hon'ble Shri Justice P. Sam Koshy Order On Board 27/04/2018

1. The dispute raised by the petitioner is for granting of revised pay scale on the post of Headmaster as per Chhattisgarh Revision of Pay Rules, 1990 and the circular of the State Govt. dated 16.12.1997 issued in this regard.

2. The counsel for the petitioner submits that the issue involved in the present writ petition stands covered by the decision of this court in case of Abhaya Ram Yadu & Ors. Vs. State of Chhattisgarh & Ors. (WPS No. 2307 of 2005, decided on 19.03.2010). According to the petitioner, let the present writ petition also be disposed of with a direction to the respondents to consider the case of the petitioner in the light of the directions given by this court in case of Abhaya Ram

(Supra). He further submits that the petitioner's representation in this regard is also pending consideration for long before the respondent No.3.

3. The submission so made by the counsel for the petitioner is not disputed by the respondents/State counsel.

4. Given the aforesaid facts and circumstances of the case, the present writ petition is disposed of with a direction that the respondent No.3 shall at the earliest decide the representation of the petitioner pending before him since long. The petitioner is at liberty to file a fresh representation before the respondent No.3 in this regard within a period of 15 days from today. Subject to filing of fresh representation, the same shall be decided within a further period of 90 days.

5. It shall be open for the respondents to scrutinize and verify the claim of the petitioner and while deciding the same, the respondent would also keep in mind the decision of this court in case of Abhaya Ram (Supra) and also verify whether the petitioner is identically placed as the petitioner in the said writ petition or not and thereafter pass an appropriate order.

6. The petition stands disposed of accordingly. Sd/- (P. Sam Koshy) Judge inder