Chaitan Ram Baghel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 3167 of 2021 Chaitan Ram Baghel S/o Late Shri Lokhu Ram Baghel, Aged About 50 Years, Posted And Working As Assistant Grade III At Govt. Higher Secondary School Isalnar, Block Kondagaon, District Kondagaon Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Mantralaya, Naya Raipur, Atal Nagar, Post Office And Police Station Naya Raipur, Atal Nagar, District Raipur, Chhattisgarh

2. Director, Directorate Of Public Instructions, Indrawati Bhawan, Naya Raipur, Atal Nagar, Post Office And Police Station Naya Raipur, Atal Nagar, District Raipur, Chhattisgarh

3. Joint Director, Public Instructions, Baster Division, Jagdalpur Chhattisgarh

4. District Education Officer, Kondagaon, District Kondagaon, Chhattisgarh

5. Block Education Officer, Kondagaon, Block Kondagaon, District Kondagaon, Chhattisgarh ---- Respondents For Petitioner :

Mr. Dhani Ram Patel, Advocate For State :

Mr. Rahul Jha, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 01.07.2021

1. The present petition under Article 226 of the Constitution of India has been filed for a direction to the respondents to grant regular pay-scale to the petitioner under the contingency services immediately on completion of three years of service from the initial date of appointment.

2. Learned counsel for the petitioner submits that the petitioner is in

employment since 01.07.1996 and therefore he is entitled for grant of regular pay-scale after completion of three years service. He further submits that similar reliefs have already been granted to certain persons whose services were also regularized in the State Government in the year 2008. He refers to an order dated 23.01.2019 stating that the said order is in respect of identically placed persons.

3. At this juncture, learned State counsel submits that it would be better if the petitioner files a detailed fresh representation to respondent no.4 along with all relevant documents in support of his claim including the orders of the State Government as also the orders of the High Court in other connected petitions. He further submits that in case representation is made, the respondent no.4 shall decide the same within a further period of three months from the date of receipt of the representation.

4. The proposal of the State counsel is acceptable to the counsel for the petitioner.

5. Accordingly, the present writ petition stands disposed of with liberty to the petitioner to file a fresh representation to respondent no.4 along with all relevant documents in this regard giving benefit to similarly placed persons and on such representation being made, respondent no.4 shall dispose off the same within a period of 90 days form the date of receipt of the representation.

6. It is made clear that this Court has not expressed any opinion so far as the entitlement of the petitioner is concerned. The Authorities shall be free to take a decision purely in accordance with the rules governing the field.

7. No order as to costs.

Sd/- P. Sam Koshy Judge Khatai