Ishwar Lal Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4327 of 2020

1. Ishwar Lal Patel S/o Late Chandrapal Patel Aged About 51 Years Working As Peon, Government Middle School Jharna, Block OfficeTamnar, District : Raigarh, Chhattisgarh

2. Shankar Lal Sahu S/o Dhanurjay Sahu Aged About 57 Years Working As Peon, Government Middle School Samaruma, Block OfficeTamnar, District : Raigarh, Chhattisgarh

3. Dukalu Prasad Sidar S/o Late Shri Bhog Singh Sidar Aged About 51 Years Working As Peon, Government High School Vijna, Block Office- Tamnar, District : Raigarh, Chhattisgarh

4. Minketan Das Bairagi S/o Late Mayadhar Das Bairagi Aged About 51 Years Working As Peon, Government High Middle School Taraimal, Block Office- Tamnar, District : Raigarh, Chhattisgarh

5. Ramesh Rawat S/o Late Sudhdu Ram Ravat Aged About 54 Years Working As Peon, Government High Middle School Tamnar, Block Office- Tamnar, District : Raigarh, Chhattisgarh

6. Raju Ratre S/o Ganesh Ram Ratre Aged About 50 Years Working As Peon, Government Middle School Jobro, Block Office- Tamnar, District : Raigarh, Chhattisgarh

7. Munni Bai Maravi W/o Kehar Singh Maravi Aged About 54 Years Working As Peon, Government High Middle School Turekela, Block Office- Kharsiya, District : Raigarh, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary Tribal Walfare Department, Mahanadi Bhawan, New Raipur, District (Revenue And Civil) - Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

2. Director Public Education Raipur, Tahsil And District (Revenue And Civil) - Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

3. District Education Officer, Raigarh, District (Revenue And Civil) - Raigarh (Chhattisgarh), District : Raigarh, Chhattisgarh

4. The Joint Director Treasury Account And Pension Division Office, Bilaspur (Chhattisgarh), District : Bilaspur, Chhattisgarh ---- Respondents For Petitioners :

Mr. Anand Kesharwani, Advocate.

For State :

Mr. Rahul Jha, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 07.12.2020

1. The present petition under Article 226 of the Constitution of India has been filed for a direction to the respondents to grant regular payscale to the petitioner under the contingency services immediately on completion of three years of service from the initial date of appointment.

2. Learned counsel for the petitioner submits that the petitioners are in employment from the year 1992, 1994 and 1997 and therefore they are entitled for grant of regular pay-scale after completion of three years service. He further submits that similar reliefs have already been granted to certain persons whose services were also regularized in the State Government 16.02.2009. He refers to an order dated 10.03.2015 stating that the said order is in respect of identically placed persons.

3. At this juncture, learned State counsel submits that it would be better if the petitioners file detailed fresh representations to respondent no.3 along with all relevant documents in support of their claim including the orders of the State Government as also the orders of the High Court in other connected petitions. He further submits that in case representation is made, the respondent no.3 shall decide the same within a further period of three months from the date of receipt of the representation.

4. The proposal of the State counsel is acceptable to the counsel for the petitioners.

5. Accordingly, the present writ petition stands disposed off with liberty to the petitioners to file fresh representation to respondent no.3 along with all relevant documents in this regard giving benefit to similarly placed persons and on such representation being made, respondent no.3 shall dispose off the same within a period of 90 days from the date of receipt of the representations.

6. It is made clear that this Court has not expressed any opinion so far as the entitlement of the petitioners are concerned. The Authorities shall be free to take a decision purely in accordance with the rules governing the field.

No order as to costs.

Sd/- (P. Sam Koshy) JUDGE Rahul