Niranajan Kumar Dubey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5629 of 2018

1. Niranajan Kumar Dubey S/o Late Shri Bala Prasad Dubey, Aged About 64 Years, Occupation Sub Inspector (M) (Retired), Under The Office Of Police Head Quarter, P.S. Rakhi, District Raipur Chhattisgarh.

2. Bhurapuri Goswami S/o Shri Madhanpuri Goswami, Aged About 56 Years, Occupation - Sub Inspector (M), Working Under The Office Of Police Head Quarter, P.S. Rakhi, District Raipur Chhattisgarh.

3. Ramkumar Damani S/o Shri Jamiyat Rai Damani, Aged About 65 Years, Occupation Sub Inspector (M) (Retired), Under The Office Of Police Head Quarter, P.S. Rakhi, District Raipur Chhattisgarh.

4. Rajendra Kumar Upadhyay S/o Late Shri Shiv Shankar Upadhyay, Aged About 50 Years, Occupation - Sub Inspector (M), Working Under The Office Of Police Head Quarter, P.S. Rakhi, District Raipur Chhattisgarh.

5. H.S. Yahake S/o Shri G.L. Yahake, Aged About 46 Years, Occupation - Sub Inspector (M), Working Under The Office Of Police Head Quarter, P.S. Rakhi, District Raipur Chhattisgarh.

6. Ayodhya Prasad Tripathi S/o Shri Shivkumar Tripathi, Aged About 57 Years, Occupation - Sub Inspector (M), Working Under The Office Of Police Head Quarter, P.S. Rakhi, District Raipur Chhattisgarh.

7. Shyam Kishore Shrivastava S/o Late Shri Ram Kishore Shrivastava, Aged About 67 Years, Occupation - Sub Inspector (M) Retired, Under The Office Of Police Head Quarter, P.S. Rakhi, District Raipur Chhattisgarh.

8. Smt. Jyoti Jawrani W/o Late Shri Jethanand Jawrani, Aged About 49 Years, Occupation Assistant Sub Inspector (M), Working Under The Office Of Police Head Quarter, Bhopal, District Bhopal Madhya Pradesh.

---Petitioners

Versus

1. State Of Chhattisgarh, Through The Secretary, Home Police Affairs And Finance, Home Police Department, Mahanadi Bhawan, New Mantralaya, Raipur Chhattisgarh.

2. The Director General Of Police, Police Head Quarters, Raipur Chhattisgarh.

3. The President/Members Of Committee, Home Police And Finance Department, Mahanadi Bhawan, New Mantralaya, Raipur Chhattisgarh. ---Respondents

For petitioners :

Shri Palash Tiwari, Advocate.

For State :

Shri S.P.Kale, Dy.A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 30/08/2018 1.

The petitioners claim for grant of pay benefits has not been disputed by the State of Chhattisgarh but what is reflected from the return is that the State of Chhattisgarh has already communicated to the State of M.P. for appropriate steps in this regard in the light of State Reorganization. Learned counsel for the petitioners would submit that in the case of identically situated employee Hira Singh Payak, who had earlier filed petition before this Court, direction was issued for consideration whereafter order has been passed on 26-08-2017, therefore, in the case of the petitioners also, similar direction may be issued.

2.

This Court is of the opinion that in the case of Hira Singh Payak (Petitioner in WPS No. 3547/2016), an order has already been passed on 26-08-2017, therefore if the case of the petitioners are identically situated as the case of the Hira Singh Payak, the respondent shall consider grant of similar benefits to the petitioners also. Let a decision in this regard be taken within an outer limit of three months. Considering that the State of Chhattisgarh has already sent communication to the State of M.P., State of Chhattisgarh shall do well to communicate this order to State of M.P. and that necessary steps are required to be taken in this regard to ensure timely compliance of the order.

3.

Accordingly, the petition is disposed off.

Sd/- (P. Sam Koshy) Sumit JUDGE