Basant Kumar Xalxo v. State Of Chhattisgarh

AFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 4571 of 2018 • Basant Kumar Xalxo S/o Shri Anand Masih Xalxo Aged About 48 Years Working As Lecturer Panchayat At Govt. Higher Secondary School Kardega, Block Duldula, District Jashpur, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Of Panchyayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh.

2. Commissioner- Cum- Director Directorate Of Panchayat Naya Raipur, District Raipur, Chhattisgarh.

3. Chief Executive Officer, Zila Panchayat, Jashpur, District Jashpur, Chhattisgarh.

---- Respondents For Petitioner : Shri Manoj Chouhan, Advocate For Respondents : Shri Dheeraj Wankhede, Government Advocate Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 13.07.2018

1. 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 Shiksha Karmi, Grade-3 by Janpad Panchayat, Jashpur on 22.07.1998 and later on he was appointed as

Shiksha Karmi Grade-01 on 25.06.2009 by the Zila Panchayat, Jashpur. 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 26.06.2018 passed in WPS No. 4138/2018 (Smt. Rashmi Singh Raj -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 earlier on a lower post or on the same post. Sd/- (Sharad Kumar Gupta) JUDGE kishore