Swarup Das Manikpuri v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2779 of 2020 • Swarup Das Manikpuri S/o Late Pilla Das Manikpuri Aged About 60 Years Presently Working As Class Iv Employee At Veterinary Services, Posted At Veterinary Dispensary Tarpongi, Tahsil- Raipur, DistrictRaipur, Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh through Secretary Department of Veterinary Services, Mantralaya Capital Complex, Mahanadi Bhawan, Atal Nagar Raipur, District- Raipur, Chhattisgarh

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

3. Joint Director Department of Veterinary Services, Mandi Get Pandari, Raipur Division, District- Raipur, Chhattisgarh ---- Respondents --------------------------------------------------------------------------------------------------------- For petitioner :

Mr. Akath Kumar Yadav, Advocate.

For State :

Ms. Akanksha Jain, Dy. Govt. Adcocate.

Hon'ble Shri Justice Goutam Bhaduri Order 16-7-2020

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 year 1988 along with all the arrears on the ground that as per the Government's Circular dated 10-051984 (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 part-time 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 off. Sd/- (Goutam Bhaduri) J U D G E Raju