Rameshwar Prasad Mehar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 523 of 2016 Rameshwar Prasad Mehar S/o Mohit Ram Mehar Aged About 40 Years Working As Peon, Block Office Baramekela Block Office- Baramkela District Revenue And Civil - Raigarh Chhattisgarh, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through - Secretary Tribal Welfare Department, Mahanadi Bhawan, New Raipur District Revenue And Civil- Raipur Chhattisgarh, Chhattisgarh

2. Director Public Education Raipur Tahsil And District Revenue And CivilRaipur Chhattisgarh, District : Raipur, Chhattisgarh

3. District Education Officer Raigarh District Revenue And Civil Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

4. Block Education Officer, Baramkela District Revenue And Civil Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

5. The Joint Director, Treasury Account And Pension Division Office, Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Respondents For Petitioner :

Shri Anand Kesharwani, Advocate.

For State :

Mr. Anshuman Shrivastava, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 06/09/2019 1.

The present petition under Article 226 of the Constitution of India has been filed for a direction to the respondents to grant regular payscale to the petitioner under the contingency services immediately on completion of three years of service from the initial date of appointment.

2.

Learned counsel for the petitioner submits that the petitioner is in employment since 10.10.1995 and therefore he is entitled for grant of regular pay-scale after completion of three years service. He further submits that similar reliefs have already been granted to certain persons whose services were also regularized in the State Government in the year 2008. He refers to an order dated 10.03.2015 stating that the said order is in respect of identically placed persons.

3.

At this juncture, learned State counsel submits that it would be better if the petitioner files detailed fresh representation to respondent no.3 along with all relevant documents in support of his claim including the orders of the State Government as also the orders of the High Court in other connected petitions. He further submits that in case representation is made, the respondent no.3 shall decide the same within a further period of three months from the date of receipt of the representation.

4.

The proposal of the State counsel is acceptable to the counsel for the petitioner.

5.

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 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 form the date of receipt of the representation. 6.

It is made clear that this Court has not expressed any opinion so far as the entitlement of the petitioner is concerned. The Authorities shall be free to take a decision purely in accordance with the rules governing the field.

7.

No order as to costs.

Sd/- (P. Sam Koshy) Ved JUDGE