Bifnath Ram v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7888 of 2018

1. Bifnath Ram S/o Shri Ramjan Ram, Aged About 59 Years Posted As Peon And Posted At Pre Metric Boys Hostel, Kunkuri No. 1, District Jashpur Chhattisgarh.

2. Sevnath Singh S/o Shri Jagdish Singh, Aged About 41 Years Posted As Cook And Posted At Pre Metric Boys Hostel, Kunkuri No. 1, District Jashpur Chhattisgarh

3. Vidyadhar Singh S/o Late Khulan Singh, Aged About 45 Years Posted As Cook And Posted At Govt. Boys Hostel, Keradih, District Jashpur Chhattisgarh ---- Petitioners

Versus

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

2. Commissioner, Tribal Welfare And Development Department, Raipur, District Raipur Chhattisgarh

3. Assistant Commissioner, Tribal Welfare And Development Department, Jashpur, District Jashpur Chhattisgarh

4. Collector, (Tribal Welfare And Development), Jashpur, District Jashpur Chhattisgarh

5. Collector, (Tribal Welfare And Development), Jashpur, District Jashpur Chhattisgarh ---Respondents For Petitioners :

Mr. B.P. Banjare, Advocate For State :

Mr. Syed Majid Ali, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 01/12/2018 1.

The present petition under Article 226 of the Constitution of India has been filed for a direction to the respondents to grant regular pay-scale to the petitioners under the contingency services immediately on completion of three years of service from the initial date of appointment. 2.

Learned counsel for the petitioners submits that the petitioners are in employment since 27.07.1994, 25.06.1997 & 22.11.1996 respectively and therefore they are entitled for grant of regular pay-scale after completion of

-2three years service. He further submits that similar reliefs have already been granted to certain persons whose services were also regularized by the State Government in the year 2008. He refers to an order dated 10.03.2015 stating that the said order is in respect of identically placed persons.

3.

At this juncture, learned State counsel submits that it would be better if the petitioners file detailed fresh representation to respondent no.3 along with all relevant documents in support of their claim including the orders of the State Government as also the orders of the High Court in other connected petitions. He further submits that in case representation is made, the respondent no.3 shall decide the same expeditiously. 4.

The proposal of the State counsel is acceptable to the counsel for the petitioners.

5.

Accordingly, the present writ petition stands disposed of with liberty to the petitioners to file fresh representation to respondent No. 2 & 3 along with all relevant documents in this regard giving benefit to similarly placed persons and on such representation being made, respondent No. 2 & 3 shall dispose off the same within a period of 90 days form the date of receipt of the representation.

6.

It is made clear that this Court has not expressed any opinion so far as the entitlement of the petitioners is concerned. The Authorities shall be free to take a decision purely in accordance with the rules governing the field. 7.

No order as to costs.

Sd/- (P. Sam Koshy) Judge Ved