Smt. Lalita Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8163 of 2018

1. Smt. Lalita Sahu W/o Late Shri Dinesh Kumar Sahu Aged About 45 Years Working As Assistant Teacher (Nagriya Nikay) And Posted At Govt. Primary School Khamtarai, Dharsiwa, DistrictRaipur, Chhattisgarh.

2. Smt. Pankaj Shiv Sahu W/o Shri Shiv Kumar Sahu Aged About 32 Years Working As Assistant Teacher (Nagriya Nikay) And Posted At Govt. Primary School Kumhari, Block Dhamdha, District- Durg, Chhattisgarh.

---- Petitioners

Versus

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

2. The Secretary Department Of Panchayat, Mahanadi Bhawan, Mantralaya, Naya Raipur, District- Raipur, Chhattisgarh.

3. Commissioner Municipal Corporation Raipur, District- Raipur, Chhattisgarh.

4. Chief Municipal Officer Municipal Corporation Kumhari, DistrictDurg, Chhattisgarh. ---- Respondents For Petitioners : Mr. Ajay Shrivastava, Advocate. For State : Ms. Sunita Jai, PL.

Hon'ble Shri Justice P. Sam Koshy Order on Board 11.12.2018

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 were that the petitioners have not completed 8 years of service under the same employer.

2. The grievance of the petitioners were that the petitioners were initially appointed under the Panchayat department and

subsequently applied for recruitment on the higher post under the Municipal Corporation in the year 2012 and taking both the services, the petitioners have completed more than 8 years of service and, therefore, they are entitled for the benefit of higher pay scale.

3. The counsel for the petitioners 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).

5. Given the facts and circumstances of the case the present writ petition also deserves to be and is accordingly disposed off 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 Jamal