Fulchand Ram v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5477 of 2019 Fulchand Ram S/o Late Kuharu Ram Aged About 59 Years Posted District Veterinary Hospital Jashpur, District Jashpur, Chhattisgarh., ---- Petitioner

Versus

1. State of Chhattisgarh through Secreary, Veterinary And Husbandry Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh.,

2. Director Veterinary Health Services, Indrawati Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh.

3. Deputy Director Veterinary Health Services, Jashpur, District Jashpur, Chhattisgarh.

4. District Veterinary Officer Jashpur, District Jashpur, Chhattisgarh. ---- Respondents ------------------------------------------------------------------------------------------------------------------ For Petitioner :

Mr. B.P. Banjare, Advocate For Respondent/ State :

Mr. Samir Behar, Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board 29.07.2019 Heard 1.

Learned counsel for the petitioner submits that initially the petitioner was appointed as a contingent employee on 26.10.1993 and subsequently much after a long time, he was regularised by order dated 28.05.2012 passed by respondent no.3 but regular pay scale has not been given. He contends that since the petitioner is in employment since 26.10.1993, he is entitled for grant of regular pay scale after completion of three years of service. He refers to the order dated 20.04.2018 passed in W.P(S). No. 3195 of 2018 filed by other similarly situated person whereby certain reliefs have already been granted to

those persons whose services were also regularized in the State Government in the year 2008. In the said writ petition, this Court has passed the following order :

"Accordingly, the present writ petition stands disposed of with liberty to the petitioner to file fresh representation to respondent No.3 along-with all relevant documents in this regard giving the benefit to similarly placed persons and on such representation being made, respondent no.3 shall dispose off the same within a period of 90 days from the date of receipt of the representation."

2.

Learned State Counsel do not dispute the fact that similarly placed persons have been granted certain relief(s) and this writ petition my be disposed of in similar terms.

3.

Perused the order dated 20.04.2018 passed in WPS No.3195/2018. Accordingly, this writ petition is disposed of with liberty to the petitioner to file fresh representation to the concerned respondent along-with all relevant documents in this regard and on such representation being filed, the concerned respondent shall dispose off the same within a period of 90 days from the date of receipt of the representation.

4.

It is made clear this Court has not expressed any opinion so far as it relates to entitlement of the petitioner. The authorities shall be free to take a decision purely in accordance with rules governing the field. Sd/- (GOUTAM BHADURI) JUDGE Rao