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High Court Of ChhattisgarhWPS/5348/2021disposed off

Tarun Kumar Yadav v. State Of Chhattisgarh

2021-10-04Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5348 of 2021

1. Tarun Kumar Yadav S/o Late Shri Sadanand Yadav Aged About 63 Years R/o Village Chorbhatti, Police Station And Post Pathariya, Tehsil Pathariya, District Mungeli, Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Water Resource Department, Mantralaya, Atal Nagar, Naya Raipur, Chhattisgarh.

2. The Engineer-In-Chief Water Resource Department, Chhattisgarh, Shivnath Bhawan, North Block, Sector-19, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh.

3. The Chief Engineer Hasdeo Kachhar Water Resource Department, Bilaspur, District Bilaspur, Chhattisgarh.

4. The Executive Engineer Water Resource Division, Pendra Road, District Gaurela-Pendra-Marwahi, Chhattisgarh.

---- Respondents For Petitioner :

Shri Shishir Dixit, Advocate.

For State :

Ms. Abhyunnati Singh, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 04.10.2021

1. The limited grievance of petitioner in the present writ petition is the nongranting of the third time scale pay that the petitioner is entitled for on completion of 30 years of service.

2. According to the counsel for the petitioner, the respondents themselves have accepted the claim of the petitioner and have passed an order dated

08.08.2019 holding that the petitioner is entitled for the same. However, till date the same has not been extended. Meanwhile, the petitioner has also crossed the age of superannuation and has retired from service on 31.10.2020 i.e. after a period of around one year from the date of the order of respondents dated 08.08.2019.

3. The further grievance of the petitioner that now having retired for more than one year again, the benefit of the third time scale pay till date has not been extended and in the process the petitioner's pensionary benefits and post retiral benefits have been adversely affected.

4. Given the limited grievance that the petitioner has, the present writ petition at this juncture is disposed of directing the respondents No. 2 to 4 to immediately process the claim of the petitioner so far as his entitlement of third time scale pay on completion of 30 years of service is concerned. Let necessary steps for extending the benefits to the petitioner be completed within a period of 90 days from the date of receipt of copy of this order.

5. The present writ petition stands disposed of. Sd/- P. Sam Koshy Judge Jyoti