Amit Kumar Bharti v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.5481 OF 2018

1. Amit Kumar Bharti S/o Shri Birendra Kumar Bharti Aged About 34 Years Working As Lecturer (Panchayat) And Posted At Govt. High School Gujra, Block Patan, District Durg Chhattisgarh., District : Durg, Chhattisgarh

2. Gagan Kumar S/o Late Shri Bhisham Kumar Aged About 36 Years Working As Lecturer (Panchayat) And Posted At Govt. High School Gujra, Block Patan, District Durg Chhattisgarh., District : Durg, Chhattisgarh

3. Biselal Barle S/o Shri Pundas Barle Aged About 37 Years Working As Lecturer (Panchayat) And Posted At Govt. Higher Secondary School Barhapur, Block Dhamdha, District Durg Chhattisgarh., District : Durg, Chhattisgarh

4. Sunil Kumar Jain S/o Chandanmal Jain Aged About 38 Years Working As Lecturer (Panchayat) And Posted At Govt. High School Bharritola, Block Antagarh Chowki, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh

5. Chuvendra Kumar Sahu S/o Shri Arjun Lal Sahu Aged About 36 Years Working As Lecturer (Panchayat) And Posted At Govt. Higher Secondary School Kumhali, Block Mohla, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh

6. Latel Ram Sahu S/o Late Shri Narayan Prasad Sahu Aged About 40 Years Working As Lecturer (Panchayat) And Posted At Govt. Higher Secondary School Kudurghoda, Block Patan, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh

7. Harish Kumar Sharma S/o Shri Kishan Lal Sharama Aged About 35 Years Working As Lecturer (Panchayat) And Posted At Govt. Navin High School Bhardakala, Block Saja, District Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh

8. Smt. Bharti Uikey W/o Beerbal Uikey Aged About 30 Years Working As Lecturer (Panchayat) And Posted At Govt. Primary School Manakoni, Block Kasdol, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

9. Than Singh Sahu S/o Shri Prabhuram Sahu Aged About 43 Years Working As Lecturer (Panchayat) And Posted At Govt. High School Bhandera, Block Doundilohara, District Balod Chhattisgarh., District : Balod, Chhattisgarh

...Petitioner(s)

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Panchayat Mahanadi Bhawan, Mantralaya New Raipur, District Raipur Chhattisarh., District : Raipur, Chhattisgarh

2. Chief Executive Officer, Zila Panchayat, Bemetara, District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh

3. Chief Executive Officer, Zila Panchayat, Rajnandgaon, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh

4. Chief Executive Officer, Zila Panchayat, Balod, District Balod Chhattisgarh., District : Balod, Chhattisgarh

5. Chief Executive Officer, Zila Panchayat, Durg District Durg Chhattisgarh., District : Durg, Chhattisgarh

6. Chief Executive Officer, Zila Panchayat, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh. ... Respondent(s) For Petitioner(s) :

Shri Ajay Shrivastava, Advocate.

For Respondent-State :

Shri Ratan Pusty, Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 24.08.2018 1.

Learned counsel for the parties would submit that the issue raised in this petition is squarely covered by order dated 28.11.2017 passed by this Court in WPS No.2530 of 2017 (Mukesh Kumar Patel and another Vs. State of Chhattisgarh and another) and batch of petitions wherein the circular dated 23.04.2016 has been quashed, petitions allowed and it has been declared that the petitioners therein shall be entitled to obtain the benefit of revised pay-scale on completion of 8 years service by including the services rendered by them on a lower post or on the same post. 2.

In view of the aforesaid submission and the impugned order and action is based on circular dated 23.04.2016 which has been quashed in the case referred to herein above, the petition also deserves to be allowed with the direction that the petitioner(s) shall be entitled to obtain the benefit of revised pay-scale on completion of 8 years service by including the services rendered by him / her on a lower post or on the same post. 3.

No order as to costs.

Sd/- (P. Sam Koshy Judge inder