High Court Of ChhattisgarhWPS/7839/2019disposed off

Rakesh Kumar Manikpuri v. State Of Chhattisgarh

2019-09-25Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7839 of 2019 Rakesh Kumar Manikpuri S/o Late Shri S. D. Manikpuri Aged About 30 Years Occupation - Constable (M), Presently Working Under The State Economic Offence Bureau Raipur District - Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Home Affairs, Police Department, Mahanadi Bhawan, Atal Nagar Mantralaya, District - Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. The Secretary General Administration Department, Mahanadi Bhawan, Atal Nagar District - Raipur Chhattisgarh, District : Raipur, Chhattisgarh

3. The Director General Of Police Police Head Quarters, Atal Nagar, Raipur Chhattisgarh, District : Raipur, Chhattisgarh

4. The Superintendent Of Police State Economic Offence Bureau G.E. Road Raipur District - Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---Respondents For Petitioner :

Ms. Nisha Tolwani, Advocate For State :

Ms. Abhyunnati Singh, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 25/09/2019

1. Grievance of the Petitioner is that, the Petitioner working as Constable (Ministerial) and posted at Raipur under the Respondents is being denied the grant of ad-hoc pay increase which has been granted to other similarly placed persons but who were not in Ministerial cadre.

2. Counsel for the Petitioner submits that the grievance involved in the present writ petition has already been adjudicated upon in favour of the other similarly placed persons in Writ Petition (S) No. 4563 of 2006 [Abdul Nawab Khan & Others v. The State of Chhattisgarh & Others], decided on 7.5.2009. The judgment passed by this Court in Writ Petition (S) No. 4563 of 2006 has been affirmed even up till the stage of Supreme Court. Subsequently, another batch of petitioners filed a writ petition i.e., Writ Petition No. 4523 of

-22014 [Francis Xavier Back & Others v. State of Chhattisgarh & Others], and the said writ petition also got disposed on 3.7.2015, granting the benefit which has been extended to the other similarly placed persons in the light of the decision rendered in the case of Abdul Nawab Khan (supra). Counsel for the Petitioner therefore prays that the Respondents may further be directed to consider the case of the Petitioners also in similar line.

3. Counsel for the State submits that the matter needs to be verified from the records whether the case of the petitioner is identical or not and the relief can be extended subject to the petitioner being identically placed.

4. Accordingly, the present writ petition is also disposed of in similar line as in the case of Francis Xavier Back & Others v. State of Chhattisgarh, decided on 3.7.2015 in Writ Petition (S) No. 4523 of 2014.

5. In case, if the Petitioner is found eligible, the relief as sought for may be released to him forthwith and if Respondents find that the Petitioner is not entitled, he may be suitably intimated in this regard giving reasons for his not entitlement.

6. Let this exercise be done within a period of 90 days from the date of the Petitioner presenting the certified copy of this order before the respondent authorities.

7. With the aforesaid directions, the writ petition finally stands disposed of. Sd/- (P. Sam Koshy) Judge Ved