Rajesh Kumar Thawait v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 4454 of 2021

1. Rajesh Kumar Thawait S/o Late Shri M. R. Thawait Aged About 65 Years R/o R-4, Kranti Nagar, Bilaspur, Police Station Tarbahar, Tahsil and District Bilaspur Chhattisgarh.

---Petitioner(s)

Versus

1. State of Chhattisgarh Through Its Secretary, Department of Scheduled Caste and Tribal Development, Mahanadi Bhawan, Mantralaya, Police Station and Post Rakhi, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh

2. Commissioner Department of Scheduled Caste and Tribal Development, Mahanadi Bhawan, Mantralaya, Police Station and Post Rakhi, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh

3. Project Administrator Office of Project Administrator, Integrated Tribal Development Project, Korba District Korba Chhattisgarh ---Respondents For Petitioner :

Shri Abhishek Pandey along with Ms.

Laxmin Kashyap, Advocates.

For State :

Shri Ayaz Naved, Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 25.08.2021

1. The grievance of the petitioner in the present writ petition is the inaction on the part of the respondents in not granting first and second time scale pay which the petitioner is entitled for on completion of 10 and 20 years of continuous service.

2. According to counsel for the petitioner, the petitioner he was initially appointed on 27.05.1980 and stood retired from service on 30.06.2018. According to the petitioner inspite of having rendered 38 years of continuous service the petitioner has not been provided with any time scale pay which the petitioner was entitled for in terms of the circular of the State Govt. governing the filed of time scale pay.

3. The counsel for the petitioner submits that as of now the petitioner be permitted to represent before the respondent authorities claiming for the benefit of time scale pay and the respondent authorities in turn may

-2consider the claim of the petitioner on its own merits in accordance with law.

4. The limited prayer is not opposed by the State counsel.

5. Accordingly, the writ petition stands disposed of directing the petitioner to make a representation to the respondents No.1&2 in this regard and the respondents No.1 & 2 in turn may scrutinize the claim of the petitioner on its own merit in accordance with circular of the State Govt. so far as grant of time scale pay is concerned and an appropriate decision be taken within an outer limit of 90 days from the date the petitioner makes a fresh representation.

Sd/- (P. Sam Koshy) Judge inder