Dinesh Singh Negi v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4313 of 2021 1.
Dinesh Singh Negi S/o Late Shri Virendra Singh Negi Aged About 42 Years Occupation - Assistant Sub Inspector (M), Presently Working Under The Office Of 1st B.N. Chhattisgarh Arm Force, Bhilai, District Durg Chhattisgarh 2.
Surendra Singh Bisht S/o Late Shri Chanchal Singh Bisht Aged About 29 Years Occupation - Constable (M), Presently Working Under The Office Of 1st B.N. Chhattisgarh Arms Force, Bhilai, District Durg Chhattisgarh.
3.
Preeti Singh Aadil D/o Shri Dhirpal Singh Aadil Aged About 26 Years Occupation Head Constable (M), Presently Working Under The Office Of 1st B.N. Chhattisgarh Arm Force, Bhilai, District Durg Chhattisgarh. 4.
Yashoda Bai Yadav W/o Late Shri Ishwar Lal Yadav Aged About 47 Years Occupation Constable (M), Presently Working Under The Office Of Superintendent Of Police District Baloda Bazar Attached With Under The Office Of 1st B.N. Chhattisgarh Arms Force, Bhilai, District Durg Chhattisgarh.
---- Petitioners
Versus
1.
State Of Chhattisgarh Through The Secretary, Home Affairs, Police Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur Chhattisgarh.
2.
The Secretary Finance Department, Mahanadi Bhawan Mantralaya, Atal Nagar, Raipur, District Raipur Chhattisgarh 3.
The Director General Of Police Police Head Quarters, Atal Nagar, Raipur, District Raipur Chhattisgarh.
----Respondents For Petitioners :
Ms. Pragya Pandey, Advocate For State :
Ms. Sunita Jain, G.A.
Hon'ble Shri Justice P. Sam Koshy Order on Board 17/08/2021 1.
Grievance of the Petitioners is that, the Petitioners working as Assistant Sub Inspector (M)/Head Constable(M)/ Constable (M) and posted at Durg under the Respondents are being denied the grant of
ad-hoc pay increase, which has been granted to other similarly placed persons, but who were not in Ministerial cadre. 2.
Counsel for the Petitioners submits that the grievance involved in the present writ petition has already been adjudicated upon in favour of the other similarly placed persons in Writ Petition (S) No. 4563 of 2006 [Abdul Nawab Khan & Others v. The State of Chhattisgarh & Others], decided on 7.5.2009. The judgment passed by this Court in Writ Petition (S) No. 4563 of 2006 has been affirmed even up till the stage of Supreme Court. Subsequently, another batch of petitioners filed a writ petition i.e., Writ Petition No. 4523 of 2014 [Francis Xavier Back & Others v. State of Chhattisgarh & Others], and the said writ petition also got disposed on 3.7.2015, granting the benefit which has been extended to the other similarly placed persons in the light of the decision rendered in the case of Abdul Nawab Khan (supra). Counsel for the Petitioners therefore prays that the Respondents may further be directed to consider the case of the Petitioners also in similar line. 3.
Counsel for the State does not oppose the same. 4.
Accordingly, the present writ petition is also disposed of in similar line as in the case of Francis Xavier Back & Others v. State of Chhattisgarh, decided on 3.7.2015 in Writ Petition (S) No. 4523 of 2014.
5.
In case, if the Petitioners are found eligible, the relief as sought for may be released to them forthwith and if Respondents find that the Petitioners are not entitled, they may be suitably intimated in this regard giving reasons for their not entitlement.
6.
Let this exercise be done within a period of 90 days from the date of the Petitioners presenting the certified copy of this order before the respondent authorities.
7.
With the aforesaid directions, the writ petition finally stands disposed of.
Sd/- (P. Sam Koshy) Judge Ved