High Court Of ChhattisgarhWPS/4628/2018disposed off

Premshankar Patel v. State Of Chhattisgarh

2018-07-25Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4628 of 2018 • Premshankar Patel S/o Shri Trilochan Patel Aged About 46 Years Presently Working As Assistant Teacher Panchayat And Posted At Govt. Primary School Pandaripani, Block Kharsiya, District Raigarh, CG ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Panchayat And Rural Welfare Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, CG

2. Chief Executive Officer, Zila Panchayat, Raigarh, District Raigarh, CG

3. Chief Executive Officer, Janpad Panchayat, Kharsiya, District Raigarh, CG

4. Block Education Officer, Block Kharsiya, District Raigarh, CG ---- Respondents For petitioner Mr. R.S. Patel, Adv.

For Respondents/State Mr. Sunita Jain, Panel Lawyer.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 25-71. 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 was appointed as Assistant Teacher (Panchayat) by Janpad Panchayat, Ramchandrapur, Distt. Ramanujganj, Distt. Sarguja on 13-10-2008 and thereafter he was appointed as Asstt. Teacher (Panchayat) by the Janpad Panchayat Kharsiya, Distt. Raigarh on 7-2-2011. 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) and order dated 19-6-2018 passed in WPS No. 3932/2018 (Smt. Indumati Sahu -v- 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 him on a lower post or on the same post.

Sd/- (Sharad Kumar Gupta) Judge Pathak