High Court Of ChhattisgarhWPS/4757/2018allowed

Kamlesh Kumar Kashyap v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4757 of 2018 Kamlesh Kumar Kashyap S/o Shri Laxman Prasad Kashyap Aged About 40 Years Working As Lecturer Panchayat At Government Higher Secondary School Asnid, Block Kasdole , District Baloda Bazar Bhatapara Chhattisgarh. ---- Petitioner

Versus

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

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

3. Chief Executive Officer, Zila Panchayat Balodabazar District Balodabazar Bhatapara Chhattisgarh ---- Respondents For the Petitioner :

Shri CJK Rao, Advocate For the State :

Ms. Sunita Jain, P.L.

----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /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 appointed as Shiksha Karmi Grade-III on 24/02/2009 by CEO Janpad Panchayat, Kasdol thereafter he was appointed as Shiksha Karmi Grade-II on 11/06/2010 by the CEO Zila Panchayat, Raipur, thereafter he was appointed as Shiksha Karmi Grade-I on 10/11/2010 by CEO Zila Panchayat, Raipur. 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 of 2018 (Smt. Indumati Sahu vs. 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 his on a lower post or on the same post.

Sd/- (Sharad Kumar Gupta) Judge Kamde