Bhupendra Kumar Gupta v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6779 of 2017
1. Bhupendra Kumar Gupta S/o Late Shri Dildar Singh Gupta, Aged About 60 Years Post - Assistant Grade - II, R/o Near Sihna Dairy, Shiv Nagar, Rajiv Nagar Ward No. 2, Durg, District Durg Chhattisgarh.
2. Umesh Chandra Deshmukh, S/o Late Shri Prithvi Ram Deshmukh, Aged About 58 Years Post Accountant, R/o Civil Line, Qr. No. H - 24/48, Kasardiha, Durg, District Durg Chhattisgarh.
3. Ghanshyam Kumar Tiwari S/o Late Shri Madhav Prasad Tiwari, Aged About 56 Years Post Accountant, R/o House No. HBG - 7, Infront Of Office Of Forest Conservator, Five Building, Durg, District Durg Chhattisgarh.
4. Lakhan Lal Soni, S/o Shri Umen Singh Soni, Aged About 61 Years Post - Steward, R/o Hospital Sector, Durg, District Durg Chhattisgarh.
5. Ravishankar Upadhaya, S/o Shri Dindayal Upadhaya, Aged About 58 Years Post - Assistant Grade I I , R/o Gandhi Nagar, Kasardiha,durg, District Durg Chhattisgarh.
6. Pramod Kumar Siriya S/o Late Shri Bihari Lal Siriya, Aged About 57 Years Post - Accountant R/o Near Sahu Sadan, Kelabadi, Durg, District Durg Chhattisgarh.
7. Homlal Yadav S/o Late Shri Manrakhan Lal Yadav Aged About 59 Years Post - Head Clerk, R/o New Adarsh Nagar, Durg, District Durg Chhattisgarh.
8. Sharad Kumar Poreddiwar S/o Late Shri Sitaram Poreddiwar, Aged About 59 Years Post - Assistant Grade II, R/o Infront Of Ganga Bai School, Gayanagar, Durg, District Durg Chhattisgarh.
9. Ashok Kumar Uikey S/o Late Shri Kartik Ram Uikey Aged About 56 Years Post - Head Clerk, R/o Rajiv Nagar Ward No. 2, Keju Mill Chowk, Nayapara, Durg, District Durg Chhattisgarh.
10.
Mukesh Kumar Kunjam S/o Late Shri Balram Kunjam Aged About 50 Years Post - Accountant, R/o Near
Office Of Block Medical Officer, Community Health Center Patan, District Durg Chhattisgarh.
11.
Oman Singh Sahu S/o Late Shri Shiv Lal Sahu, Aged About 51 Years Post - Assistant Grade II , R/o Near Office Of Chief Medical And Health Officer, Durg District Durg Chhattisgarh.
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, Ministry, Mahanadi Bhavan, New Raipur, District Raipur Chhattisgarh.
2. The Director, Directorate Of Health And Family Welfare, Indravati Bhavan, Third Floor, New Raipur, District Raipur Chhattisgarh.
3. The Chief Medical And Health Officer, Durg, District Durg Chhattisgarh.
---- Respondent For Petitioners Shri Alok Kumar Dewangan, Advocate.
For Respondents/State Shri S.Pandey, Dy. G.A.
Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 06/12/2017
1. Learned counsel for the petitioners would submit that the petitioners are working on different Ministerial Posts in the Department of Health and Family Welfare District Durg. They are entitled for Kramonati Vetan Maan (Time Scale Pay) in terms of the State Government's Circular dated
28.04.2008 (Annexure-P1) and other similar circulars issued by the State from time to time. However, the respondents have not decided the issue for grant of second Kramonati Vetan Maan to the petitioners despite the fact that the benefit of the State Government's circulars have been extended to similarly placed employees.
2. Learned counsel for the petitioner would further submit that for the present petitioners may be permitted to prefer fresh representation and the respondents may be directed to decide the representation in accordance with law.
3. Learned State counsel would fairly submit that if the issue has been dealt with by the State Government by issuing circulars, the petitioners may prefer representation which shall be dealt with in accordance with the State Government's circular.
4. Considering the limited issue involved in the petition, ends of justice would be served, if the writ petition is disposed of with a direction that in the event, petitioners prefer fresh representation along with copy of the writ petition before the competent authority within a period of 4 weeks from today, the competent authority shall decide the issue regarding grant of second Kramonati Vetan Maan to the petitioners by speaking order, at the earliest, preferably within a period of 3 months from the date of submission of the representation.
5. The writ petition is accordingly disposed of.
6. It is made clear that this Court has not expressed any opinion on the merits of the case and the respondent
authorities shall decide the matter, on its own merits, strictly in accordance with law, without treating any observation made in this order, as opinion on the merits of the case.
Sd/- Judge Prashant Kumar Mishra Akhilesh