High Court Of ChhattisgarhWPS/6184/2017disposed off

Smt. Indu Paikra v. The State Of Chhattisgarh

2017-12-11Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6184 of 2017 • Smt. Indu Paikra W/o Ganesh Kumar Paikra, Aged About 34 Years R/o Fundurdihari (Dhobipara) Ambikapur, District Surguja, Chhattisgarh ---- Petitioner

Versus

1. The State Of Chhattisgarh Through Its Secretary, Panchayat And Rural Department, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh

2. Commissioner Cum Director, Panchayat, Sanchanalaya, Naya Raipur, District Raipur, Chhattisgarh

3. The Collector, District Balrampur, Chhattisgarh

4. Chief Executive Officer, Zila Panchayat District Balrampur, Chhattisgarh ---- Respondent For Petitioner Shri Parag Kotecha, Advocate.

For Respondents/State Shri Rajendra Tripathi, P.L.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 11/12/2017

1. Learned counsel for the petitioner would submit that for the present, the petitioner would not press the relief claimed in paragraph 10.2 of the petition. For the remaining reliefs, it is stated by learned counsel for the parties that the matter in issue is covered by the judgment rendered by this Court in the matter of

Jayant Kumar Patle vs State of Chhattisgarh and others, passed in WPS No.4271/2017 and other connected matters, decided on 03.11.2017.

2. Learned State counsel would not dispute the statement made by learned counsel for the petitioner, however, she would further submit that the petitioner has not yet completed 8 years of service, therefore, he is not entitled for the revised pay scale/time scale pay.

3. Considering the fact that the petitioner's prayer is only for quashing the circular dated 08.03.2017, which impedes his entitlement to obtain benefit of revised pay scale/time scale pay, as and when it falls due, the writ petition is disposed of with observation that the competent authority shall consider petitioner's case regarding his entitlement to increment, time scale pay/revised pay scale, as and when she becomes eligible for the same, in view of the circular issued by the State Government and the order passed by this Court in the matter of Jayant Kumar Patle (supra).

4. Accordingly, the writ petition is disposed of with the aforesaid observation.

Judge Prashant Kumar Mishra Nirala