Sanjay Kumar Khare v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7195 of 2018

1. Sanjay Kumar Khare S/o Shri Charan Singh Khare, Aged About 43 Years, Working As Lecturer (Panchayat) And Posted At Govt. Higher Secondary School Khalari, Block Doundi, District Balod Chhattisgarh.

2. Yayati Kumar Shivane S/o Shri Sukhiram Shivane, Aged About 35 Years, Working As Teacher (Panchayat) And Posted At Govt. Middle School Kodekasa, Block Doundilohara, District Balod, Chhattisgarh.

3. Jitendra Kumar Nirmalkar S/o Shri Devsharan Nirmalkar, Aged About 34 Years, Working As Lecturer (Panchayat) And Posted At Govt. High School Devri (D), Block Gunderdehi, District Balod Chhattisgarh.

4. Tameshwar Gayakwad S/o Shri Chandraprakash Gayakwad, Aged About 31 Years, Working As Lecturer (Panchayat) And Posted At Govt. High School Deveri (D), Block Gunerdehi, District Balod Chhattisgarh.

5. Smt. Padmaja Sahu W/o Shri Mahesh Kumar Sahu, Aged About 42 Years, Working As Lecuter (Panchayat) And Posted At Govt. Higher Secondary School Rahud, Block Gunderdehi, District Balod

6. Dayaram Chanap S/o Shri Kalyan Singh Chanap, Aged About 38 Years, Working As Lecturer (Panchayat) And Posted At Govt. Higher Secondary School Suregaon, Block Doundilohara, District Balod

7. Durguram Jurri S/o Shri Bisaruram Jurri, Aged About 39 Years, Working As Lecturer (Panchayat) And Posted At Govt. Higher Secondary School Devribangla, Block Doundilohara, District Balod Chhattisgarh.

8. Toranlal Deshmukh S/o Shri Ramgulal Deshmukh, Aged About 32 Years, Working As Lecturer (Panchayat) And Posted At Govt. Higher Secondary School Pondi, Block And District Balod Chhattisgarh.

9. Jaiprakash Sahu S/o Shri Tanulal Sahu, Aged About 37 Years, Working As Lecturer (Panchayat) And Posted At Govt. High School Jungera, Block And District Balod Chhattisgarh.

10.Kanhaiya Prasad S/o Shri Khemlal, Aged About 36 Years, Working As Lecturer (Panchayat) And Posted At Govt. Higher Secondary School Odarsakri, Block Gunderdehi, District Balod Chhattisgarh. 11.Smt. Kaishrin Baig W/o Shri Emam Baig, Aged About 38 Years, Working As Lecturer (Panchayat) And Posted At Govt. Higher Secondary School Bhandera, Block Doundilohara, District Balod

12.Smt. Ruchita Choursiya W/o Shri Shiv Kumar Choursiya, Aged About 38 Years, Working As Teacher (Panchayat) And Posted At Govt. Middle School Suregaon, Block Doundilohara, District Balod Chhattisgarh. 13.Nand Kishor Pisda S/o Shri Sita Ram Pisda, Aged About 42 Years, Working As Lecturer (Panchayat) And Posted At Govt. Higher Secondary School Kodekasa, Block Doundilohara, District Balod 14.Pawan Ram Chandel S/o Shri Dilbahar Chandel, Aged About 33 Years, Working As Lecturer (Panchayat) And Posted At Govt. Higher Secondary School Mudkhusra, Block Doundilohara, District Balod 15.Kirti Kumar Chandrakar S/o Shri Sewak Lal Chandrakar, Aged About 37 Years, Working As Lecturer (Panchayat) And Posted At Govt. Higher Secondary School Suregaon, Block Doundilohara, District Balod 16.Ku.

Chitralekha Ogare D/o Shri Ghanshyam Singh Ogare, Aged About 29 Years, Working As Lecturer (Panchayat) And Posted At Govt. Higher Secondary School Pondi, Block And District Balod Chhattisgarh. 17.Chanda Kumari Singh W/o Shri Rajilal Singh, Aged About 47 Years, Working As Lecturer (Panchayat) And Posted At Govt. Higher Secondary School Rahud, Block Gunderdehi, District Balod 18.Ku. Rameshwari Dewangan D/o Late Shri Ramkumar Dewangan, Aged About 36 Years, Working As Lecturer (Panchayat) And Posted At Govt. Higher Secondary School Latabod, Block And District Balod 19.Tula Ram Sahu S/o Shri Sundar Lal Sahu, Aged About 43 Years, Working As Lecturer (Panchayat) And Posted At Govt. Higher Secondary School Mokha, Block Gunderdehi, District Balod 20.

Kaushal Kumar Gangvanshi S/o Chaitram Gangvanshi, Aged About 38 Years, Working As Lecturer (Panchayat) And Posted At Govt. Higher Secondary School Darra, Block Gurur, District Balod Chhattisgarh. 21.Narendra Kumar Sahu S/o Shri Chumman Singh Sahu, Aged About 43 Years, Working As Lecturer (L.B.) And Posted At Govt. High School Mokha, Block Gurur, District Balod Chhattisgarh. 22.Smt. Indubala Sinha W/o Shri Khilendra Kumar Sinha, Aged About 33 Years, Working As Lecturer (Panchayat) And Posted At Govt. Higher Secondary School Darra, Block Gurur, District Balod Chhattisgarh. 23.Ramesh Kumar Thakur S/o Shri Madhoram Thakur, Aged About 42 Years, Working As Lecturer (Panchayat) And Posted At Govt.

24.Leela Ram Sinha S/o Bhikham Lal Sinha, Aged About 35 Years, Working As Assistant Teacher (Panchayat) And Posted At Govt. Higher Secondary School Kanwar, Block Gurur, District Balod Chhattisgarh. ---Petitioners

Versus

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

2. Chief Executive Officer, Zila Panchayat Balod, District Balod

3. Chief Executive Officer, Janpad Panchayat Gurur, District Balod ---Respondents For petitioners :

Shri Ajay Shrivastava, Advocate.

For State :

Shri S.P.Kale, Dy.A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 30/10/2018 1.

Learned Counsel for the parties submits that the issue raised in this petition is squarely covered by the 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 allowing the petitions, the circular dated 23.4.2016 has been quashed 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, since the impugned order or action is based on circular dated 23.4.2016 which stands quashed in the case referred above, the present writ petition also deserves to be allowed with the

direction that the petitioners shall also be entitled to obtain the benefit of revised pay-scale on completion of 8 years service including the services rendered by them on a lower post or on the same post. 3.

The writ petition thus stands finally disposed of. Sd/- (P. Sam Koshy) Sumit JUDGE