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High Court Of ChhattisgarhWPS/2751/2021disposed off

Teman Lal Dewangan v. State Of Chhattisgarh,

2021-06-22Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2751 of 2021

1. Teman Lal Dewangan S/o Banshi Lal Aged About 44 Years R/o Village - Matewa Post - Gabdi Thana - Arjunda Tahsil - Gunderdehi District - Balod Chhattisgarh

2. Hiruram Patil S/o Late Budhuram Patil Aged About 55 Years R/o Village - Umarpodi Post Office And Thana - Utai District - Durg Chhattisgarh

3. Balmukund Bhatt S/o Hiralal Bhatt Aged About 44 Years R/o Village - Badgaun Tahsil - Daundilohara District - Balod Chhattisgarh

4. Satyendra Kumar Deshmukh S/o Doman Singh Aged About 52 Years R/o Village - Papra Tahsil - Daundilohara District - Balod Chhattisgarh

5. Birendra Kunmar Thakur S/o Pyarilal Aged About 40 Years R/o Mahud Bi Thana - Sikosa Tahsil - Gunderdehi District - Balod Chhattisgarh

6. Bhagat Ram Thakur S/o Jhaduram Thakur Aged About 52 Years R/o Village - Chipra Post - Kusumkala Tahsil Daudilohara District - Balod Chhattisgarh

7. Krishna Ram S/o Bhakara Thakur Aged About 59 Years R/o Village - Khamatrai Post - Pitampar Tahsil - Daundilohara District - Balod Chhattisgarh

8. Panchuram S/o Manrakhan Thakur Aged About 59 Years R/o Village - Dewari, Tahsil - Daundilohara District - Balod Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh, Through - The Secretary, Department Of Veterinary Services Mantralaya Capital Complex Mahanadi Bhwan Atal Nagar New Raipur District - Raipur Chhattisgarh

2. The Director Department Of Veterinary Services Mantralaya Capital Complex Mahanadi Bhawan Atal Nagar New Raipur District - Raipur Chhattisgarh

3. Joint Director Department Of Veterinary Services Mandi Get Pandri Raipur Division District - Raipur Chhattisgarh ---- Respondents For Petitioner :

Mr. Ajit Singh, Advocate For State :

Mr. Jitendra Pali, Dy. AG Hon'ble Shri Justice P. Sam Koshy Order on Board 22.06.2021

1. The petition has been filed by the petitioner seeking direction for consideration on his claim for grant of pay scale of Rs.2550-3200 from the

-2year 1998 along with all the arrears on the ground that as per the Government's Circular dated 10-05-1984 (as issued by State of Madhya Pradesh) upon completion of three years of service as his pendency as he his contingency employee by the time, the petitioner is entitled to regular pay scale. It is submitted that in some other case,similarly situated parttime sweepers have been granted such benefit upon completion of three years of service as contingency part-time sweepers.

2. Learned counsel for the petitioner has referred to orders dated 19-07-2017 passed in WPS No. 3155/2017 and order dated 21-07-2010 passed by this Court in WPS No. 3510/2010. The aforesaid two petitions filed earlier were disposed off with direction to consideration of the claim.

3. Learned counsel for the State would submit that the petitioner's claim shall be examined on the basis of extent and applicable circulars issued by the Government from time to time. In the matter of grant of pay scale to contingency part time sweepers working by the State Government, including such circulars, if any, made applicable to the Public Works Department.

4. In the light of statement made by the learned counsel for the parties, I did not keep this matter pending. This petition, at this stage without commenting upon the merits of the case disposed off with direction to the respondent No. 3, Joint Director, Department of Veterinary Services, Raipur Division,Raipur (C.G.) to examine the petitioner's claim under the applicable Government Circulars and take decision thereon within a period of three months from the date of receipt of copy of this order.

5. Accordingly, the petition is disposed of.

Sd/- (P. Sam Koshy) Judge Rohit