Sharad Kumar Sahu v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 5426 of 2019 Sharad Kumar Sahu S/o Shri Nand Kumar Sahu, Aged About 35 Years, Working As Assistant Teacher(LB) And Posted At Govt. Primary School Charwahi, Block Balod, District Balod, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Panchayat Mahanadi Bhawan, Atal Nagar, Mantralaya, New Raipur, District Raipur Chhattisgarh

2. Chief Executive Officer, Janpad Panchayat Balod, District Balod Chhattisgarh ---- Respondents For Petitioner :

Mr. Ajay Shrivastava, Advocate For State :

Ms. Sunita Jain, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board 29/07/2019 Heard.

1.

Learned counsel for the parties would submit that the issue raised in this petition is squarely covered by order dated 28.11.2017 passed by this Court in WPS No.2530 of 2017 (Mukesh Kumar Patel and another Vs. State of Chhattisgarh and another) and batch of petitions wherein the circular dated 23.04.2016 has been quashed, petitions allowed and it has been declared that the petitioners therein shall be entitled to obtain the benefit of revised payscale on completion of 8 years service by including the services rendered by them on a lower post or on the same post.

-22.

In view of the aforesaid submission and the impugned order and action is based on circular dated 23.04.2016 which has been quashed in the case referred to herein above, the petition also deserves to be allowed with the direction that the petitioner shall be 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.

3.

It is made clear that this Court has not made any observation and the entitlement of the petitioner shall be subject to the past service rendered by him.

4.

No order as to costs.

Sd/- (Goutam Bhaduri) Judge Khatai