Smt. Raj Bai Bhargava Subedar M v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3666 of 2016

1. Smt. Raj Bai Bhargav (Subedar 'M') W/o Shri R.B. Bhargav, Aged About 58 Years

2. Smt. Kamla Singh (Subedar 'M'), W/o Shri Raj Karan Singh, Aged About 62 Years The petitioner No.1 and 2 are working under the office of Superintendent of Police (T/C) Bilaspur, P.S. Civil Line District Bilaspur Chhattisgarh

3. Smt. Aanand Tasiya (Subedar 'M') D/o Late Luees Kerketta, Aged About 59 Years, working under the office of Superintendent of Police (S.T.F.) Baghera Durg P.S. Pulgaon, District Durg Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through its Secretary, Department Of Home And Police Affairs Secretariat, Mahanadi Bhawan, New Raipur P.S. And Post Rakhi, District Raipur Chhattigarh

2. Director General Of Police, Police Head Quarter, Civil Line, P.S. Civil Line, District Raipur, Chhattisgarh

3. The Secretary, Finance Mahanadi Bhawan, Mantralay Bhawan, Raipur, District Raipur Chhattisgarh

4. The Joint Secretary, Finance Mahanadi Bhawan, Mantralay Bhawan, Raipur District Raipur Chhattisgarh

5. The Inspector General Of Police, Bilaspur P.S. Civil Line District Bilaspur Chhattisgarh

6. Inspector General Of Police, Durg, P.S. Civil Line District Durg Chhattisgarh

7. Joint Director Of Division (Funds Account And Pension) Bilaspur, District Bilaspur Chhattisgarh

8. The Director [Treasury, Audit and Accounts] Raipur, District Riapur Chhattisgarh

9. The Joint Director of Division, (Funds Account and Pension) Durg, District Durg Chhattisgarh ---- Respondents

For Petitioners Petitioner in person.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 31/03/2017 1.

Petitioners are working as Subedar 'M' in the Police Department. They have preferred this petition seeking benefit of Time Scale Pay w.e.f. 01.04.2006 in view of the notification dated 28.04.2008 and 10.08.2009.

2.

In para 31 of the return filed by the State, the following has been stated:- "Therefore, as the case of persons said to be similar to the petitioner has travelled through the said Committee constituted by the Hon'ble High Court the petitioner cannot claim any parity, moreover, the petitioner's case ought to be referred to the said Committee and if the said Committee finds it fit then the petitioners may be granted the pay-scale as claimed by them. It is submitted that however, the petitioners themselves have failed to place on record the order dated 03.07.2015 in WPS No.4523/2015 which was within knowledge of the every member of person serving in the ministerial cadre of police department."

3.

It appears, the dispute raised in the writ petition is squarely covered by an order passed by this Court on 03.07.2015 in WPS No.4523/2014 (Francis Xavier Beck and others vs. State of Chhattisgarh and others, and other connected matters). 4.

In view of the order passed by this Court in Francis Xavier Beck (supra) and the submission made in the return, the present writ

petition is disposed of in terms of the order (Annexure-R-14) passed in Francis Xavier Beck (supra).

5.

Let the Committee constituted by this Court in the matter of Francis Xavier Beck (supra) examine the petitioners'

representation and the petitioners are directed to submit the representation within a period of one month from today. The Committee shall decide the petitioners' case pertaining to grant of Time Scale Pay within a period of 3 months from the date of submission of representation, keeping in view the order passed in Francis Xavier Beck (supra).

Sd/- JUDGE PRASHANT KUMAR MISHRA Nirala