High Court Of ChhattisgarhWPS/8115/2019disposed off

Shivram Singh Thakur v. State Of Chhattisgarh

2019-10-03Hon'Ble Shri Justice P. Sam Koshy3 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8115 of 2019

1. Shivram Singh Thakur S/o Shri Hari Singh Thakur Aged About 33 Years Working As Assistant Teacher (Nagriya Nikay ) And Posted At Government Primary School Badhiyatola, Dongargarh, Block Dongargarh, District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh

2. Pooman Chand Joshi S/o Ghanshyam Joshi Aged About 30 Years Working As Assistant Teacher (Nagriya Nikay ) And Posted At Government Primary School Indiranagar, Dongargarh,block Dongargarh District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh

3. Omprakash Verma S/o Bhagwat Ram Verma Aged About 28 Years Working As Assistant Teacher (Nagriya Nikay ) And Posted At Government Primary School Badhiyatola, Dongargarh, Block Dongargarh, District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh

4. Smt. Sangeeta Dewangan W/o Shri Rohit Kumar Dewangan Aged About 28 Years Working As Assistant Teacher (Nagriya Nikay ) And Posted At Government Primary School No. 3, Dongargarh, Block Dongargarh, District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh

5. Smt. Kamleshwari Verma W/o Shri Dilip Verma Aged About 28 Years Working As Assistant Teacher (Nagriya Nikay ) And Posted At Government Primary School No. 3, Dongargarh, Block Dongargarh, District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh ---- Petitioners

Versus

State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

-2- ---- Respondents For Petitioner :

Mr. Ajay Shrivastava, Advocate For State :

Mr. Ayaz Naved, GA Hon'ble Shri Justice P. Sam Koshy Order on Board 03/10/2019

1. The dispute raised in the present writ petition is the nonconsideration of the case of the petitioners for grant of revised pay scale on completion of 8 years of service. The denial to the petitioners was that the petitioners have not completed 8 years of service under the same employer.

2. The grievance of the petitioners was that the petitioners were initially appointed under the Panchayat department and subsequently applied for recruitment on the higher post under the Municipal Corporation/Council and taking both the services, the petitioner has completed more than 8 years of service and therefore she is entitled for the benefit of higher pay scale.

3. The counsel for the petitioner submits that the issue involved in the present writ petition is squarely covered by the judgment of this Court in a bunch of writ petitions disposed off on 27.10.2018. The lead case of which being WPS No. 6147/2018 (Shabnum Khatun v. State of Chhattisgarh & Ors.)

4. This aspect is not disputed by the State counsel so far as the matter being similar to the one passed in the case of "Shabnum Khatun" (supra).

-35. Given the facts and circumstances of the case the present writ petition also deserves to be and is accordingly disposed of in similar terms to the order passed in WPS No. 6147/2018 (Shabnum Khatun v. State of Chhattisgarh & Ors).

6. The writ petition accordingly stands allowed. The petitioners would be entitled for the benefit as prayed for subject to the verification of the case by the Department.

Sd/- (P. Sam Koshy) Judge Rohit