Athnas Ekka v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 4814 of 2018 Athnas Ekka S/o Shri Silas Ekka Aged About 35 Years Working As Teacher ( Panchayat ) At Government Middle School Kharkona, Block Shankargarh , Police Station Shankargarh, District Balrampur Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Of Panchayat And Rural Development 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 Balrampur, District Balrampur Chhattisgarh.

---- Respondents For Petitioner : Mr. Manoj Chauhan, Advocate For State : Mr. Dhiraj Wankhede, Govt. Advocate Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 27.07.2018

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 initially appointed as Shiksha Karmi Grade-III by Chief Executive Officer, Janpad Panchayat, Shankargarh, District Surguja on 20.02.2009 and thereafter on 16.07.2010 he was appointed as Shiksha Karmi Grade-II by CEO Zila

Panchayat, Surguja. 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. Vs. State of Chhattisgarh and another) and order dated 26.06.2018 passed in WPS No.4138/2018 (Smt. Rashmi Singh Raj 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 him on a lower post or on the same post.

6. It is made clear that this Court has not expressed any opinion on the merits of the case.

Sd/- (Sharad Kumar Gupta) JUDGE L/-