Chaituram v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.S NO. 4886 OF 2020 1.

Chaituram S/o Sudhan Ram, Aged About 40 Years, Working As Peon, Govt. Middle School, Sahidand, Block Bagicha, District Jashpur (CG) 2.

Sithu Ram S/o Tanglu Ram, Aged About 45 Years, Working As Peon, Govt. Primary School, Tangardih, Block Bagicha, District Jashpur (CG) ... Petitioners versus 1.

State Of Chhattisgarh, through the Secretary, Tribal Welfare Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur (CG) 2.

Collector, Jashpur, District Jashpur (CG) 3.

Assistant Commissioner, Tribal Welfare Department, Jashpur, District Jashpur (CG) 4.

District Education Officer, Jashpur, District Jashpur (CG) 5.

Block Education Officer, Bagicha, District Jashpur (CG) 6.

Headmaster, Govt. Middle School, Sahidand, Block Bagicha, District Jashpur (CG) 7.

Headmaster, Govt. Middle School, Tangardih, Block Bagicha, District Jashpur (CG) ... Respondents For Petitioners :

Mr. Harish Khuntiya, Advocate.

For Respondents/State :

Ms. Akansha Jain, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board /01/2021 1.

Learned Counsel for petitioners submits that the Petitioners were appointed on 31.5.1995 and therefore they are entitled to get the benefit of regular pay scale after completion of three years of service. He further submits that similar relief has already been granted to certain persons whose services were also regularised in the State Government. He refers to an order dated 28.9.2018 (Annexure P-5) and submits that in the likewise nature, few of the other persons, who were similarly placed, have been given the benefit of regular pay scale on completion of three years of service. 2.

At this juncture, learned State Counsel submits that it would be better if the Petitioners file a detailed fresh representation before Respondent No.4 along with all relevant documents in support of their claims including the orders of the State Government as also the orders of the High Court in other connected petitions. She further submits that in case the representation is made, the Respondent No.4 shall decide the same within a further period of three months from the date of receipt of such representation.

3.

The said proposal of learned State Counsel is acceptable to learned Counsel for Petitioners.

4.

Accordingly, the present Writ Petition stands disposed of with liberty to the Petitioners to file a fresh detailed representation before Respondent No.4 along with all relevant documents in this regard whereby similar benefits were given to other persons, and on such representation being made, the Respondent No.4 shall decide the same within a period of 90 days from the date of receipt of such representation.

5.

It is made clear that this Court has not expressed any opinion so far as the entitlement of the Petitioners is concerned. The authorities shall be free to take a decision purely in accordance with the rules governing the field. 6.

Writ Petition accordingly stands disposed of. Sd/- (P. Sam Koshy) /sharad/ JUDGE