Ganpat Lal Choudhary And ANR. v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.3335 of 2013

1. Ganpat Lal Choudhary, S/o Than Singh Choudhry, Aged About 48 Years, Working As Accountant, Block Education Office, Ghargoda, Distt Raigarh, Chhattisgarh

2. Rajan Deo Mahant, S/o Ravi Das Mahant, Aged About 33 Years, Assistant Grade III, Block Education Office, Ghargoda, PS Ghargoda, Distt Raigarh, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, General Administrative Department, New Mantralaya Bhawan, Raipur, Chhattisgarh

2. Secretary, Tribal And Welfare Department, New Mantralaya, Raipur, Chhattisgarh

3. Assistant Commissioner, Tribal Welfare Department, Raigarh, Chhattisgarh

4. Block Education Officer, Gharghoda, Distt Raigarh, Chhattisgarh ---- Respondents For Petitioners Mr. V. K. Sharma, Advocate For Respondent-State Mr. Animesh Tiwari, Dy. AG Hon'ble Justice Shri Sanjay K. Agrawal Order On Board 15/09/2021 1.

Mr. V. K. Sharma, learned counsel for the petitioners, would submit that though the

petitioners are working on the post of Accountant/Assistant Grade-III, but they are entitled for the pay scale at par with the Assistant Teachers as per the recommendation of the Dr. D. N. Tiwari Committee, therefore, the appropriate direction may be issued to the respondent authorities in this regard.

2.

Mr. Sunil Otwani, learned State counsel, would submit that after the recommendation of single member committee of the Dr. D. N. Tiwari Committee regarding the enhancement of pay scale, the State Government constituted a high level committee consisting of the Senior Secretaries, which is a multi member committee and the matter was referred to the said Committee and the Committee has given its recommendation vide Annexure-R/2 & R/3, and it has not accepted the recommendation of Dr. D. N. Tiwari Committee, which the Government has also accepted and passed the final order dated 22.07.2011 (Annexure-R/4), as such the recommendation of Dr. D. N. Tiwari Committee cannot be accepted and no direction can be issued, as the recommendation of Dr. D. N. Tiwari Committee has already been superseded

by the Committee of Secretaries appointed by the Government.

3.

Since the State Government has passed the order dated 22.07.2011 (Annexure-R/4) and the revised pay scale has been directed to be granted as per the order dated 22.07.2011, the recommendation of Dr. D. N. Tiwari Committee cannot be directed to be given effect by way of this writ petition.

4.

Accordingly, the writ petition is dismissed. No order as to cost (s).

Sd/- Sanjay K. Agrawal Judge Nirala