Shivlal Nag v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6290 of 2021 Shivlal Nag S/o Shri Budhram Nag Aged About 60 Years OccupationGovt. Employee, Working As Incharge Chief Executive Officer At Janpad Panchayat Keshkal, District Kondagaon Chhattisgarh, Presently R/o Block Colony, Keshkal, District Kondagaon Chhattisgarh --- Petitioner

Versus

1. The State Of Chhattisgarh Through The Secretary, Department Of Scheduled Tribe And Scheduled Caste Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur Chhattisgarh

2. The Commissioner Scheduled Tribe And Scheduled Caste Development, Indrawati Bhawan, Atal Nagar, Nawa Raipur Chhattisgarh --- Respondents For the Petitioner :

Mr. Roop Naik, Advocate.

For the State/Respondent :

Mr. Akhtar Hussain, Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board .11.2021

1. Learned counsel for the petitioner would submit that the petitioner had joined the service on 29.06.1990 as Circle Organizer and has completed 10 years of service period as on 29.06.2000. Thereafter in continuation of service, he completed 20 years on 29.06.2010 and 30 years of service as on 29.06.2020, therefore, he is entitled for two consecutive time bound higher pay scales from 29.06.2010 as per the existing rules. Learned counsel submits that since the petitioner has not been granted second time-bound higher pay-scale after rendering 20 years of service as on 29.06.2010, he has already made a representation vide Annexure P-1 and for the time being, the said representation may be directed to be decided within a stipulated time.

2. Learned State Counsel would submit that they would decide the representation (Annexure P-1) in accordance with law.

3. Considering the fact that by now the petitioner has already completed more than 30 years of service and has attained the age of 60 years and has already filed representation (Annexure P-1) for grant of time bound higher pay scales, it is observed that after consideration if the petitioner is found entitled for the time-bound pay-scales as per the prevalent rules, the same ought to be considered and granted to the petitioner. Accordingly, it is directed that since the petitioner has already attained the age of 60 years and made representation (Annexure P-1) to the Commissioner, Scheduled Tribes and Scheduled Castes Development, (respondent no.2 herein) for grant of time bound higher pay scales, the Commissioner shall decide the same within 45 days from the date of receipt of copy of this order. The petitioner shall be at liberty to file copy of this order along-with copy of representation (Annexure P-1) within a period of 2 weeks.

4. With the above observations, this writ petition stands disposed off. Sd/- GOUTAM BHADURI JUDGE Rao