High Court Of ChhattisgarhWPS/3029/2019disposed off

Mrs Aarti Kesherwani v. The State Of Chhattisgarh

2019-04-25Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3029 of 2019 Mrs Aarti Kesherwani W/o Mr. Tarun, Aged About 33 Years, By Occupation Assistant Teacher Nagar Nigam, Govt. Primary School, Bhilai Khurd 01, Sitamani, Block Korba, District Korba, Chhattisgarh ---- Petitioner

Versus

1. The State Of Chhattisgarh Through Its Secretary, Urban Administration Development Department Mantralaya, Naya Raipur Chhattisgarh

2. Secretary, Panchayat And Rural Development Department Mantralaya, Naya Raipur, District Raipur, Chhattisgarh

3. Municipal Corporation Through Its Commissioner, District Korba Chhattisgarh ---Respondents For Petitioner :

Mr. Parag Kotecha, Advocate For State :

Mr. Ishan Verma, P.L.

For Respondent no.3 :

Mr. P. Acharya, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 25/04/2019

1. The dispute raised in the present writ petition is the nonconsideration of the case of the petitioner for grant of revised pay scale on completion of 8 years of service. The denial to the petitioner was that the petitioner has not completed 8 years of service under the same employer.

2. The grievance of the petitioner was that the petitioner was initially appointed under the Panchayat department and subsequently

-2applied for recruitment under Municipal Corporation and taking both the services, the petitioner has completed more than 8 years of service and therefore she is entitled for the benefit of higher pay scale.

3. The counsel for the petitioner submits that the issue involved in the present writ petition is squarely covered by the judgment of this Court in a bunch of writ petitions disposed off on 27.10.2018. The lead case of which being WPS No. 6147/2018 (Shabnum Khatun v. State of Chhattisgarh & Ors.)

4. This aspect is not disputed by the State counsel so far as the matter being similar to the one passed in the case of "Shabnum Khatun" (supra).

5. Given the facts and circumstances of the case the present writ petition also deserves to be and is accordingly disposed off in similar terms to the order passed in WPS No. 6147/2018 (Shabnum Khatun v. State of Chhattisgarh & Ors).

6. The writ petition accordingly stands allowed. The petitioner would be entitled for the benefit as prayed for subject to the verification of the case by the Department.

Sd/- (P. Sam Koshy) Judge Khatai