Falguni Kumar Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.5490 OF 2018

1. Falguni Kumar Patel S/o Shri Chhabilal Patel Aged About 31 Years Working As Lecturer (Panchayat) And Posted At Govt. Rmsa High School Kushbhantha, Block Kasdol, District Baloda Bazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh

2. Hathina Sidar S/o Pirit Ram Aged About 31 Years Working As Lecturer (Panchayat) And Posted At Govt. High School Kushbhantha, Block Kasdol, District Baloda Bazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh

3. Haldhar Prasad Aditya S/o Shri Kaushal Prasad Aditya Aged About 35 Years Working As Lecturer (Panchayat) And Posted At Govt. High School Gourdih, Block Baramkela, District Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh

4. Mahendra Kumar Adil S/o Shri Nirbhay Ram Adil Aged About 44 Years Working As Lecturer (Panchayat) And Posted At Govt. Higher Secondary School Sargi, Block Magarload, District Dhamtari, Chhattisgarh., District : Dhamtari, Chhattisgarh

5. Devendra Kumar Sahu S/o Shri Hariram Sahu Aged About 32 Years Working As Lecturer (Panchayat) And Posted At Govt. Primary School Darra (M), Block Kasdol, District Baloda Bazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh

6. Rain Singh Darro S/o Shri Ram Prasad Darro Aged About 45 Years Working As Lecturer (Panchayat) And Posted At Govt. Higher Secondary School Selegaon, Block Bhanupratappur, District South Bastar Kanker Chhattisgarh., District : Kanker, Chhattisgarh

7. Dilip Kumar Sahu S/o Gopal Sahu Aged About 34 Years Working As Lecturer (Panchayat) And Posted At Govt. Higher Secondary School Selegaon, Block Bhanupratappur, District South Bastar Kanker Chhattisgarh., District : Kanker, Chhattisgarh

...Petitioner(s)

Versus

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

2. Chief Executive Officer, Zila Panchayat, South Bastar Kanker, District Sourth Bastar Kanker Chhattisgarh., District : Kanker, Chhattisgarh

3. Chief Executive Officer, Zila Panchayat, Dhamtrari District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh

4. Chief Executive Officer, Zila Panchayat, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh

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