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High Court Of ChhattisgarhWPS/4986/2020disposed off

Dr. Rattiram Mandle v. State Of Chhattisgarh

2021-01-07Hon'Ble Shri Justice P. Sam Koshy3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 4986 of 2020

1. Dr. Rattiram Mandle S/o- Late Shri Punaram Mandle, Aged About 65 Years Orthopaedic Specialist, District Hospital- Balod, R/o- 15/2, Nehru Nagar West, Bhilai, District- Durg (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Health, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur (Chhattisgarh)

2. Commissioner Directorate Of Health Services, Indrawati Bhawan, New Raipur, District- Raipur (Chhattisgarh)

3. Director Directorate Of Health Services, Indrawati Bhawan, Third Floor, Block-A, New Raipur, District- Raipur (Chhattisgarh) ---- Respondents For Petitioner :

Mr. Sangharsh Pandey, Advocate For State :

Mr. Rahul Jha, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 07.01.2021

1. The Learned counsel for the petitioner submits that the petitioner joined his service on 24/08/1984 and he is entitled to get benefit of Pravar Shreni Vetanman (37400-67000+ Grade Pay 8700) and Varishtha Pravar Shreni Vetanman (37400-67000+ Grade Pay 8900). He would submit that Dr. Shiv Shanker Dubey though he joined subsequent to the petitioner in 1985 he has been granted benefit of Pravar Shreni Vetanman of 37400-67000 Grade Pay 8700 on 12/04/2018 and one Dr. S. Murli Mohan Murty though he joined in the year 1984 he has been granted benefit of Pravar Shreni Vetanman on 7/01/2020. According to

the circular of the State and direction dated 1/04/2013 (Annexure P-6) if the person has worked for six years in the Varishtha Shreni Vetanman he would be entitled for Pravar Shreni Vetanman and after completion of six years in Pravar Shreni Vetanman (37400-67000+ Grade Pay 8700) he would be entitled for Varishtha Pravar Shreni Vetanman (37400-67000+ Grade Pay 8900). He would submit that according to the circular of the State if a person have served in the naxal affected area the grant of pay scale from six years would be reduced to four years.

2. Learned counsel submits that therefore since the similarly placed persons who joined with the petitioner and the person who joined subsequent to the petitioner have been granted the pay scale the petitioner is also entitled to get such pay scale, therefore the petitioner may be given liberty to make a detail representation to the respondent No. 1 Secretary Department of Health which may be directed to be decided within a stipulated time.

3. Considering the limited prayer made by the petitioner, the petitioner is given liberty to file a detailed representation along with all the relevant documents to get the benefit of Pravar Shreni Vetanman (3740067000+Grade Pay 8700) with effect from 1/01/2013 and Varishtha Pravar Shreni Vetanman (37,400-67000 + Grade pay 8900) with effect from 01/01/2019 and the petitioner shall be at liberty to attach the documents to show the fact that other persons who have joined subsequent to the petitioner have been given the benefit of the said pay scale from the prior date. The representation may be made within a period of three weeks from today and if such representation is filed

before the respondent No. 1 Secretary Department of Health then the said representation shall be decided within a further period of four months from the date of receipt of such representation.

4. With the aforesaid observation, the writ petition stands disposed of. Sd/- P. Sam Koshy Judge Jyotijha