Smt. Yogita Dewangan v. The State Of Chhattisgarh
-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 5263 of 2021
1. Smt. Yogita Dewangan W/o Shri Pooranlal Dewangan Aged About 33 Years R/o Wireless Colony, G 4/13, Pension Baada Police Line, Raipur, Occupation Assistant Sub. Inspector (M) At Present Posted Police Head Quarter, Naya Raipur, Chhattisgarh.
2. Shri Sanjay Ramteke S/o Shri Govardhan Ramteke Aged About 41 Years R/o Basantpur, Ward No. 39, Budhnagar, Near Boudh Vihar, Rajnandgaon, Chhattisgarh Occupation Assistant Sub Inspector (M) At Present Posted Office of Superintendent of Police Baloda Bazar Bhatapara, District Baloda Bazar, Chhattisgarh.
---Petitioner(s)
Versus
1. The State of Chhattisgarh Through The Secretary, Home Affairs, Police Department, Mahanadi Bhawan, Mantralaya Atal Nagar District Nawa Raipur, Chhattisgarh, District : Raipur, Chhattisgarh
2. The State Of Chhattisgarh, Through The Secretary, Finance, Department, Mahanadi Bhawan, Mantralaya Atal Nagar, District Raipur, Chhattisgarh
3. The Director General Of Police, Head Quarter, Atal Nagar District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh
4. The Office Of Superintendent Of Police, Balouda Bazar Bhatapara, District Baloda Bazar Bhatapara, Chhattisgarh.
---Respondents For Petitioners :
Shri Rajesh Roshan Singh, Advocate.
For State :
Shri Suyash Dhar, Panel Lawyer.
Hon'ble Shri Justice P. Sam Koshy Order on Board 29.09.2021 .
1. Grievance of Petitioners is that the Petitioners working under the Respondents are being denied the grant of ad-hoc pay increase which has been granted to other similarly placed persons but who were not in Ministerial cadre.
2. Learned Counsel for Petitioners submits that the grievance involved in the present Writ Petition has already been adjudicated upon in favour of the other similarly placed persons in Writ Petition (S) No. 4563 of 2006 [Abdul Nawab Khan & Others v. The State of Chhattisgarh & Others], decided on 7.5.2009. The judgment passed by this Court in Writ Petition (S) No. 4563
-2of 2006 has been affirmed even up till the stage of the Supreme Court. Subsequently, another batch of Petitioners filed a petition i.e., Writ Petition (S) No. 4523 of 2014 [Francis Xavier Back & Others v. State of Chhattisgarh & Others], and the said Writ Petition also got disposed of on 3.7.2015, granting the benefit which has been extended to the other similarly placed persons in the light of the decision rendered in the case of Abdul Nawab Khan (supra). Learned Counsel for Petitioners therefore prays that the Respondents may further be directed to consider the case of the Petitioners also in similar line.
3. Learned Counsel for the State submits that the matter needs to be verified from the records whether the case of the Petitioners is identical or not and the relief can be extended subject to the Petitioners being identically placed.
4. Accordingly, the present Writ Petition is also disposed of in similar line as in the case of Francis Xavier Back & Others v. State of Chhattisgarh, decided on 3.7.2015 in Writ Petition (S) No. 4523 of 2014.
5. In case, if the Petitioners are found eligible, the relief as sought for may be released to them forthwith and if the Respondents find that the Petitioners are not entitled for the same then they may be suitably intimated in this regard giving reasons for their non-entitlement.
6. Let this exercise be done within a period of 90 days from the date of the Petitioners presenting the certified copy of this order before the Respondents authorities.
7. With the aforesaid observations, the Writ Petition stands disposed of. Sd/- (P. Sam Koshy) Judge inder