Harinath Dewangan v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7674 of 2018

1. Harinath Dewangan S/o Late Shri Sant Prasad Dewangan Aged About 60 Years Post- Superintendent, Posted At Collector Office Bilaspur, R/o Shiv Mandir Ward, Mahadev Ghat Para, Jagdalpur, District- Bastar, Chhattisgarh

2. Yashwant Kumar Nag S/o Shri Pancham Singh Nag Aged About 53 Years Post- Superintendent, Posted At District- Office, Kanker, R/o House No. 16/81, Bardebhata, Sonu Kirana Store Road, Kanker, District- North Bastar, Kanker, Chhattisgarh. ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Ministry, Mahanadi Bhavan, Atal Nagar, New Raipur, District- Raipur, Chhattisgarh.

2. The Commissioner Bastar Division, Jagdalpur, District- Bastar, Chhattisgarh.

3. The Commissioner Bilaspur Division, Bilaspur, District- Bilaspur, Chhattisgarh ---Respondents For Petitioners :

Mr. Alok Dewangan, Advocate For State :

Mr. R.N. Pusty, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 26/11/2018

1. Learned counsel for the petitioners would submit that the petitioners are working on different Ministerial Posts in the Department of Revenue and Disaster Management Department. They are entitled for Kramonati Vetan Maan (Time Scale Pay) in terms of the State Government's Circular dated 28.04.2008 (Annexure-P1) and other similar circulars issued by the State from time to time. However, the respondents have not decided the issue for grant of second Kramonati Vetan Maan to the petitioners despite the fact that the benefit of the State Government's circulars have been extended to similarly placed employees.

-22. Learned counsel for the petitioners would further submit that for the present petitioners may be permitted to prefer a fresh representation and the respondents may be directed to decide the representation in accordance with law.

3. Learned State counsel would fairly submit that if the issue has been dealt with by the State Government by issuing circulars, the petitioners may prefer representation which shall be dealt with in accordance with the State Government's circular.

4. Considering the limited issue involved in the petition, ends of justice would be served, if the writ petition is disposed of with a direction that in the event, petitioners prefer fresh representation along with copy of the writ petition before the competent authority within a period of 4 weeks from today, the competent authority shall decide the issue regarding grant of second Kramonati Vetan Maan to the petitioners by speaking order, at the earliest, preferably within a period of 3 months from the date of submission of the representation.

5. The writ petition is accordingly disposed off.

6. It is made clear that this Court has not expressed any opinion on the merits of the case and the respondent authorities shall decide the matter, on its own merits, strictly in accordance with law, without treating any observation made in this order, as opinion on the merits of the case.

Sd/- (P. Sam Koshy) Judge Ved