Ravinath Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.

of 201

1. Ravinath Singh, S/o late Dular Sai, aged about 60 years, presently working on the post of Headmaster Govt. Middle School, Dwarikapur, Block-Ramanujnagar, District Surajpur (C.G.)

2. Ramnarayan Choudhary, S/o late Sonaru Ram, aged about 59 years, presently working on the post of Headmaster, Govt. Middle School (Dawana), Block- Ramanujnagar, Distt. Surajpur (C.G.)

3. Ramkumr Singh, S/o late Jagat Ram, aged about 60 years, presently working on the post of Headmaster, Govt. Middle School, Patpariyapara, Kailashpur, Block-Ramanujnagar, Distt- Surajpur (C.G.) ---- Petitioners

Versus

1. State Of Chhattisgarh Through: The Secretary, Department of Schedule Caste and Schedule Tribe Development, Mahanadi Bhawan, New Raipur, Distt. Raipur (C.G.)

2. The Commissioner, Department of Tribal Development, Indrawati Bhawan, New Raipur, Distt.- Raipur (C.G.)

3. The Assistant Commissioner, Tribal Development Surajpur, Distt. Surajpur (C.G.)

4. The Block Education Officer, Ramanujnagar, Distt. Surajpur (C.G.) ---- Respondents For Petitioner : Shri A.N. Pandey, Advocate.

For Respondents : Shri S.P. Kale, Dy. Advocate General.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 2 5 /0 2 /2016 Heard finally with the consent of learned counsel for the

parties.

(2) By this petition, the petitioners seek a direction to the respondent authorities to grant them regular pay scale w.e.f. their initial date of appointment.

(3) At the very outset, learned counsel appearing for the State would submit that the State Government, by order dated 9.7.2012, has constituted a Committee under the Chairmanship of the Commissioner, Scheduled Tribe and Scheduled Caste Development Department, to look into the grievances of the employee with regard to grant of regular pay scale from their initial date of appointment. Thus, this matter may be referred to the said Committee.

(4) 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 [WP(S) 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 similarly 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

also."

(5) In view of foregoing, the petitioner is directed to approach the Committee for appropriate relief and, in turn, the Committee is directed to consider and decide the case of the petitioner, in accordance with law and on its own merits. The needful may be done within a period of 12 weeks from the date of receipt of a copy of this order.

(6) Accordingly, the writ petition is disposed of. Sd/- (Sanjay K. Agrawal) Judge D/-