High Court Of ChhattisgarhWPS/4273/2018disposed off

Suryakant Pandey v. State Of Chhattisgarh

2018-07-02Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4273 of 2018 Suryakant Pandey S/o Harendra Nath Pandey, Aged About 37 Years Presently Working As Teacher Panchayat At Govt. Middle School, Sagauna (D), Block Pandariya, District Kabirdham Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mantralaya P.S. Rakhi, Tahsil Aarang, Naya Raipur, District Raipur Chhattisarh., District : Raipur, Chhattisgarh

2. Commissioner Cum Director, Directorate Of Panchayat, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. Chief Executive Officer, Zila Panchayat, Kabirdham, District Kabirdham Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh ---- Respondents For the Petitioner :

Shri CJK Rao, Advocate For the State :

Shri R.K. Gupta, Dy. Advocate General ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /07/2018

1. Heard counsel for the parties.

2. Petitioner has preferred this writ petition praying for a direction to the respondents to consider and count his earlier service for grant of revised pay scale without insisting upon NOC.

3. The petitioner joined as Assistant Teacher Panchayat on 26-5-2009 and thereafter he was appointed as Shiksha Karmi Class II and he joined on 07-01-2011. The respondents are not considering his earlier service for revised pay scale for want of NOC from earlier Panchayat.

4. Counsel for both the parties submit that the matter is squarely covered by the orders of this Court dated 28-11-2017 passed in WPS No. 2530/2017 (Mukesh Kumar Patel and anr. -v- State of Chhattisgarh and another), order dated 8-1-2018 passed in WPS No. 166/2018 (Peenal Kumar Kurrey vs. State of Chhattisgarh and another) and order dated 19-6-2018 passed in WPS No. 3932 of 2018 (Smt. Indumati Sahu vs. State of Chhattisgarh and another).

5. In view of above submission and the aforesaid orders passed by this Court, the present writ petition is also allowed with the direction that the petitioner is entitled to obtain the benefit of revised pay scale on completion of 8 years service by including the services rendered by his on a lower post or on the same post.

Sd/- (Sharad Kumar Gupta) Judge Kamde