Smt. Bharti Kori v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5282 of 2021
1. Smt. Bharti Kori W/o Shri Shyam Kori Aged About 50 Years Working As Assistant Sub Inspector (M), Superintendent Of Police (Tele Communication), R/o Netaji Complex B Block, 2nd Floor, Mandir Chowk, Jarhabhatha, Bilaspur, District - Bilaspur (Chhattisgarh) ---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Finance Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh
2. State Of Chhattisgarh Through The Secretary, Home Department, Mahanadi Bhavan, Mantralaya, Atal Nagar, Naya Raipur, District Raipur (Chhattisgarh)
3. Director General Of Police Police Head Quarters, Civil Lines, Raipur, District Raipur (Chhattisgarh)
4. Superintendent Of Police Bilaspur, District - Bilaspur (Chhattisgarh)
5. Superintendent Of Police Tele Communication, Bilaspur, District Bilaspur (Chhattisgarh)
6. Joint Director Treasury, Account And Pension, Bilaspur Division, Bilaspur, District - Bilaspur (Chhattisgarh) ---- Respondents For Petitioner :
Mr. K. S. Pawar, Advocate For State :
Mr. Jitendra Pali, Dy. Advocate General.
Hon'ble Shri Justice P. Sam Koshy Order On Board 01.10.2021
1. The grievance of the petitioner in the present writ petition is that the petitioner has been denied the grant of ad hoc pay increment which was paid to other similarly placed persons.
2. Counsel appearing for the parties jointly submit that the issue raised by
the petitioner herein has already been considered and decided by this Court in a couple of writ petitions leading among which being WPS No. 4563/2006 (Abdul Nawab Khan Vs. State of Chhattisgarh and others) decided on 07.05.2009. The said order was also put to test before the Supreme Court and the Supreme Court also affirmed the order passed by this Court and it is stated at the bar that the said order has since been complied with. Later on, a couple of writ petitions have also been disposed of vide order dated 03.07.2015 in WPS No. 4523/2014 (Francis Xavier Back and others Vs. State of Chhattisgarh and others) and other connected petitions.
3. At this juncture, counsel for the petitioner submits that pursuant to the order passed in the case of Abdul Nawab Khan (supra), the State Govt. has passed certain instructions.
4. So far as the issue decided by this Court through the judgment passed in the case of Abdul Nawab Khan and also in the case of Francis Xavier Back (supra) is concerned, the same is not disputed by the State counsel.
5. Given the aforesaid factual matrix of the case, this Court is of the opinion that the present writ petition also deserves to be disposed of in similar terms.
6. Accordingly, the present writ petition is disposed of in similar terms. Since the Department has already constituted a Committee in this regard as per the directions passed in the case of Francis Xavier Back (supra), let the case of the petitioner herein also be examined by the said Committee in the light of the decisions rendered earlier and the circulars of the State Govt. in this regard and an appropriate decision
be taken at the earliest.
7. Counsel for the petitioner, at this juncture submits that the petitioner has already made representations in this regard to the authority concerned.
8. Hence, liberty is left open for the petitioner to prefer a fresh representation within a period of 2 weeks from today before the competent authority and the Committee thereafter shall examine the issue in similar terms and take a decision as to whether the petitioner is entitled for similar benefits or not which has been given to the similarly placed persons.
9. Let the Committee take a decision within an outer limit of 90 days from the date of receipt of fresh representation of the petitioner. It shall be the responsibility of the petitioner to apprise the Committee as well as respondent no.2 in respect of the order passed by this Court. 10.With the aforesaid observation the writ petitions stand disposed of. Sd/- (P. Sam Koshy) Judge Jyoti