Banshidhar Sahis v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3634 of 2018 Banshidhar Sahis S/o Late Shri Jagatram Sahis, Aged About 44 Years Working As Peon, Govt. Middle School, Jhariyapali, Block - Gharghoda, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, New Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. The District Education Officer, Raigarh, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh

3. The Block Education Officer, Gharghoda, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh ---- Respondents ------------------------------------------------------------------------------------------- For Petitioner:

Mr. Ramakant Pandey, Advocate.

For State :

Mr. Majid Ali, Dy. GA ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order on Board 11/05/2018 1.

By this petition, the petitioner seeks a direction to the respondent authorities to grant him regular pay scale w.e.f. his initial date of appointment.

2.

At the outset, learned counsel for the State submits that petitioner may represent his cause before the District Education Officer, Raigarh. He would look into the grievance with regard to his claim for regular pay scale from his initial date of appointment.

3.

The issue involved in the present case, in respect of regular pay scale, has already been considered and decided by this Court in Dashrath Prasad Kaiwartya Vs. State of Chhattisgarh and others [WPS No. 2144/12,

decided on 17/07/2012] wherein , this Court observed as under :- "4. In view of the foregoing, nothing further is required to be done in this case. The petitioner may approach the aforestated Committee, if the relief sought for by the petitioner in this petition has not been granted. It is further directed that all the similarly situated teachers may first approach to the Committee, as aforestated, before approaching to this Court if their grievances still survive, they are at liberty to approach this Court. It is further clarified that the similary situated teachers may make a representation to the Committee for redressal of their grievances in respect of grant of regular pay scale w.e.f. the initial date of appointment by post." 4.

In view of the above statements, I am inclined to dispose off the matter with liberty to the petitioner to prefer representation ventilating his grievance regarding the pay scale which shall be examined and appropriate orders shall be passed by District Education Officer, Raigarh within a period of three months. It is made clear that this Court has not expressed any opinion on the merits. It goes without saying that if petitioner grievance is not redressed, he would be at liberty to revive this petition.

Accordingly, the petition is disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Rohit