High Court Of ChhattisgarhWPS/3328/2018disposed off

Baba Ram Arya v. State Of Chhattisgarh

2018-04-25Hon'Ble Shri Justice Manindra Mohan Shrivastava3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3328 of 2018

1. Baba Ram Arya S/o Shri Arjun Singh Arya, Aged About 36 Years Working As Lecturer (Panchayat) And Posted At Govt. Higher Secondary School Gadbengal, Block Narayanpur, District Narayanpur Chhattisgarh., District : Narayanpur, Chhattisgarh

2. Smt. Rita Dwivedi, W/o Pankaj Dwivedi, Aged About 41 Years Working As Lecturer (Panchayat) And Posted At Govt. Higher Secondary School Limtara, Block Dhamdha, District Durg Chhattisgarh., District : Durg, Chhattisgarh

3. Yogendra Kumar Kumeti, S/o Meghnath Kumeti, Aged About 34 Years Working As Lecturer (Panchayat) And Posted At Govt. Ba. Bu. Adarsh Higher Secondary School Garanji, Block Narayanpur, District Narayanpur Chhattisgarh., District : Narayanpur, Chhattisgarh

4. Gajendra Kumar Yadav, S/o Har Prasad Yadav, Aged About 45 Years Working As Lecturer (Panchayat) And Posted At Govt. Higher Secondary School Bhanthagaon (R), Block Gunderdehi, District Balod Chhattisgarh., District : Balod, Chhattisgarh

5. Peela Lal Deshmukh, S/o Raghuvir Prasad, Aged About 40 Years Working As Lecturer (Panchayat) And Posted At Govt. Higher Secondary School Bhanthagaon (R), Block Gunderdehi, District Balod Chhattisgarh., District : Balod, Chhattisgarh

6. Bal Govind Koshariya, S/o Shri Tiju Ram Koshariya, Aged About 45 Years Working As Lecturer (Panchayat) And Posted At Govt. High School Narhargaon, Block Gariyaband, District Gariyaband Chhattisgarh., District : Gariyabandh, Chhattisgarh

7. Bhagwat Chaturvedi, S/o Shri Komal Singh Chaturvedi, Aged About 38 Years Working As Lecturer (Panchayat) And Posted At Govt. Higher Secondary School Kharthuli, Block Dondilohara, District Balod Chhattisgarh., District : Balod, Chhattisgarh

8. Chitra Ketu Dahariya, S/o Shri Ajit Das Dahariya, Aged About 42 Years Working As Lecturer (Panchayat) And Posted At Guru ghasidas Govt. Higher Secondary School Banranka, Block Saja, District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh

9. Anna Roslin Lakra, W/o Shri Rakesh Minj, Aged About 41 Years Working As Lecturer (Panchayat) And Posted At Guru ghasidas Govt. Higher Secondary School Banranka, Block Saja, District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh 10.Dhananjay Sahu, S/o Hirday Ram Sahu, Aged About 38 Years Working As Lecturer (Panchayat) And Posted At U. High School (Potakebin) Pakela, Chhindwada, District Sukma Chhattisgarh., District : Sukuma, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. Chief Executive Officer, Zila Panchayat, Narayanpur, District Narayanpur Chhattisgarh, District : Narayanpur, Chhattisgarh

3. Chief Executive Officer, Zila Panchayat Balod, District Balod Chhattisgarh., District : Balod, Chhattisgarh

4. Chief Executive Officer, Zila Panchayat Durg, District Durg Chhattisgarh., District : Durg, Chhattisgarh

5. Chief Executive Officer, Zila Panchayat Bemetara, District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh

6. Chief Executive Officer, Zila Panchayat Gariyaband, District Gariyaband Chhattisgarh., District : Gariyabandh, Chhattisgarh

7. Chief Executive Officer, Zila Panchayat Sukma, District Sukma Chhattisgarh., District : Sukuma, Chhattisgarh ---- Respondents For Petitioners :

Shri Ajay Shrivastava, Advocate For State :

Shri Satish Gupta, Govt. Advocate Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 25/04/2018 Heard.

Learned counsel for the parties would submit that the issue raised in this petition is squarely covered by order dated 28.11.2017 passed by this Court in WPS No.2530 of 2017 (Mukesh Kumar Patel and another Vs. State of Chhattisgarh and another) and batch of petitions wherein circular dated 23.04.2016 has been quashed, petitions allowed and it has been declared that the petitioners therein shall be entitled to obtain the benefit of revised pay-scale on completion of 8 years service by including the services rendered by them on a lower post or on the same post.

In view of the aforesaid submission and the impugned order and the action is based on circular dated 23.04.2016 which has been quashed in the case referred to herein above, the petition also deserves to be allowed with a direction

that the petitioner shall be entitled to obtain the benefit of revised pay-scale on completion of 8 years service by including the services rendered by them on a lower post or on the same post.

No order as to costs.

Sd/- (Manindra Mohan Shrivastava) Judge Deepti