Sabal Singh Diwan v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4947 of 2019

1. Sabal Singh Diwan S/o Mr. Mehattar Ram Diwan Aged About 39 Years Occupation Lecturer (Local Body), Govt. High School Amagarh, Block Durgukondal, District Uttar Bastar Kanker 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. Chief Executive Officer Zila Panchayat, District Uttar Bastar Kanker Chhattisgarh ---- Respondents For Petitioner :

Mr. Parag Kotecha, Advocate For Respondents :

Mr. P. Acharya, Panel Lawyer.

Shri Justice P. Sam Koshy Order on Board 08.07.2019

1. Ignoring the default pointed out by the Registry, with the consent of the parties, the matter is heard finally at motion stage and disposed off.

2. Learned counsel for the parties would submit that the issue raised in this petition is squarely covered by order dated 28.11.2017 passed by this Court in WPS No. 2530 of 2017 (Mukesh Kumar Patel and another Vs. State of Chhattisgarh and another) and batch of petitions wherein the circular dated 23.04.2016 has been quashed, petitions allowed and it has been declared that the

petitioners therein shall be entitled to obtain the benefit of revised pay-scale on completion of 8 years service by including the services rendered by them on a lower post or on the same post.

3. In view of the aforesaid submission and the impugned order and action is based on circular dated 23.04.2016 which has been quashed in the case referred to herein above, the petition also deserves to be allowed with the direction that the petitioner shall be entitled to obtain the benefit of revised pay-scale on completion of 8 years service by including the services rendered by him on a lower post or on the same post.

4. No order as to costs.

Sd/- (P. Sam Koshy) Judge Rahul