Ashok Kumar Upadhyay v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3184 of 2021 Ashok Kumar Upadhyay S/o Late Dashrath Prasad Aged About 64 Years Lab Assistant (Retd.) Govt. Gramya Bharti Vidyapeeth College, Hardibazar, District Korba Chhattisgarh R/o Village Bhilai, P. O. Dongri, District Janjgir Champa Chhattisgarh ---- Petitioner

Versus

1.

State Of Chhattisgarh Through The Secretary, Ministry Of Higher And Technical Education, Man Power Deployment Science And Technology, Mantralaya, Mahanadi Bhawan, Capital Complex, Naya Raipur District Raipur Chhattisgarh 2.

The Commissioner Higher Education Department, Govt. Of Chhattisgarh, Mantralaya, Naya Raipur District Raipur Chhattisgarh 3.

Govt. Gramya Bharti Vidyapeeth College, Through Its Principal, Govt. Gramya Bharti Vidyapeeth College, Hardibazar, District Korba Chhattisgarh ----Respondents For Petitioner :

Mr. B.P. Sharma, Advocate For State :

Mr. Kunal Das, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 01/07/2021 1.

Learned counsel for the petitioner submits that the petitioner has retired on 31.10.2019, who was a Lab Assistant in the aided college of Respondent No. 3. It is further submitted that since it was a aided college the petitioner was entitled to receive the benefits of 7th pay commission as the similarly placed employees have been granted the benefits.

2.

Under the circumstances, since the other similarly placed employees have been granted the benefits of 7th pay commission in respect of pension and other ancillary benefits, the petitioner at

this stage prays that he has made a representation to the Commissioner Higher Education Department (Respondent No. 2) on 06.06.2021 (Annexure P-1) for grant of benefits and prays that the same may be directed to be decided by a speaking order so that the petitioner may also get the benefits which are being granted to the similarly placed employees.

3.

Considering the limited prayer made, at this stage, without any observation on the merits as to the entitlement of the petitioner, the Respondent No.2 is directed to decide the representation (Annexure P-1) of the petitioner within a further period of 4 months from the date of receipt of a copy of this order. 4.

With the aforesaid observation, the petition stands disposed of. Sd/- (P. Sam Koshy) Judge Ved