Jagdish Prasad Bagde v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO. 4686 OF 2018

1. Jagdish Prasad Bagde S/o S/o Late Shri Mitthuji Bagde Aged About 63 Years Post Retired Head Clerk, R/o Shankar Nagar, Near Budh Kutty, Durg, District Durg, Chhattisgarh., District : Durg, Chhattisgarh

2. Harishchandra Singh Thakur S/o S/o Late Shri Latel Singh Thakur Aged About 63 Years Post Retired Accountant, R/o Zone No. 1, Street No. 1, Rajput Classes, New Adarsh Nagar, Durg, District Durg, Chhattisgarh., District : Durg, Chhattisgarh

3. Bharat Lal Dewangan S/o S/o Shri Tahalu Ram Dewangan Aged About 62 Years Post Retired Accountant, R/o Shanti Nagar Ward No. 11, Dhaba Road Rajnandgaon, District Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh

4. Mohit Ram Gajendra S/o S/o Late Shri Rai Singh Gajendra Aged About 63 Years Post Retired Accountant R/o Pachpedi, Naka, Purohit Gali, Jhanda Chowk Laxmi Nagar, Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

...Petitioner(s)

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Forest, Ministry Mahanadi Bhavan, New Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. Principal Chief Conservator Of Forest, (Administrative), Forest Department, New Raipur, District Raipur, Chhattisgrh., District : Raipur, Chhattisgarh

3. Chief Conservator Of Forest, Forest Department Durg, Circle Durg, District Durg, Chhattisgarh., District : Durg, Chhattisgarh ... Respondent(s) For Petitioner :

Shri Alok Dewangan, Advocate.

For Respondent-State :

Shri Shashank Thakur, Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 20.07.2018 1.

Learned counsel for the petitioners would submit that the petitioners are working on different Ministerial Posts in the Department of Health and Family Welfare District Durg. They are entitled for Kramonati Vetan Maan (Time Scale Pay) in terms of the State Government's Circular dated 28.04.2008 (Annexure-P1) and other similar circulars issued by the State from time to time. However, the respondents have not decided

the issue for grant of second Kramonati Vetan Maan to the petitioners despite the fact that the benefit of the State Government's circulars have been extended to similarly placed employees.

2.

Learned counsel for the petitioners would further submit that for the present, petitioners may be permitted to prefer fresh representation and the respondents may be directed to decide the representation in accordance with law.

3.

Learned State counsel would fairly submit that if the issue has been dealt with by the State Government by issuing circulars, the petitioners may prefer representation which shall be dealt with in accordance with the State Government's circular.

4.

Considering the limited issue involved in the petition, ends of justice would be served, if the writ petition is disposed of with a direction that in the event, petitioners prefer fresh representation along with copy of the writ petition before the competent authority within a period of 4 weeks from today, the competent authority shall decide the issue regarding grant of second Kramonati Vetan Maan to the petitioners by speaking order, at the earliest, preferably within a period of 3 months from the date of submission of the representation.

5.

The writ petition is accordingly disposed of. 6.

It is made clear that this Court has not expressed any opinion on the merits of the case and the respondent authorities shall decide the matter, on its own merits, strictly in accordance with law, without treating any observation made in this order, as opinion on the merits of the case. Sd/- (P. Sam Koshy) Judge inder