High Court Of ChhattisgarhWPS/4855/2018disposed off

Smt. Durga Dhruw v. The State Of Chhattisgarh

2018-07-30Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 4855 of 2018 Smt. Durga Dhruw W/o Tushar Singh Aged About 29 Years Presently Posted As Shiksha Karmi Grade - 1 ( Panchayat Lecturer ) At Government High School Kunda Block Pandariya , District Kabirdham Chhattisgarh R/o Quarter No. A - 9, Nature City Uslapur, Bilaspur District Bilaspur Chhattisgarh.

---- Petitioner

Versus

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

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

3. Chief Executive Officer, Zila Panchayat Kabirdham, District Kabirdham Chhattisgarh.

---- Respondents For Petitioner : Mr. Vikas Shrivastava, Advocate For State : Mr. Dhiraj Wankhede, Govt. Advocate Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 30.07.2018

1. Heard counsel for the parties.

2. Petitioner has preferred this writ petition praying for a direction to the respondents to consider and count her earlier service for grant of revised pay scale without insisting upon NOC.

3. The petitioner appointed as Shiksha Karmi Grade-III by CEO Janpad Panchayat, Takhatpur on 23.06.2010 and thereafter she was appointed as Shiksha Karmi Grade I by CEO Zila Panchayat,

Kabirdham, District Kabirdham on 10.04.2013. The respondents are not considering her 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), order dated 08.01.2018 passed in WPS No.166/2018 (Peenal Kumar Kurrey Vs. State of Chhattisgarh and another) and order dated 19.06.2018 passed in WPS No.3932/2018 (Smt. Indumati Sahu Vs. State of Chhattisgarh & 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 her 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/-