Anil Kumar Bhardwaj v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8289 of 2018

1. Anil Kumar Bhardwaj S/o Malik Ram Bhardwaj Aged About 40 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Mogra, Block Katghora, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh

2. Smt. Manisha Vishwas (Before Marriage Manisha Roy) W/o Lsht Charan Vishawas Aged About 34 Years Working As Lecturer (Nagriya Nikay) And Posted At Govt. Higher Secondary School Chhuri, Block Katghora, DistrictKorba, Chhattisgarh., District : Korba, Chhattisgarh

3. Smt. Manju Tripathi (Before Marriage Manju Tiwari) W/o Kamlesh Kumar Tripathi Aged About 40 Years Working As Lecturer (Nagriya Nikay) And Posted At Govt. Girls Higher Secondary School Balco Nagar, Block Korba, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh

4. Smt. Niharika Shukla (Before Marriage Niharika Pathak) W/o Anand Shukla Aged About 31 Years Working As Lecturer (Nagriya Nikay) And Posted At Govt. Higher Secondary School B. Bloco, Block Korba, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh

5. Rishi Kumar Shrivastava S/o Rajkishor Shrivastava Aged About 40 Years Working As Lecturer (L.B.) And Posted At Govt. Highe School Gharipakhana, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh

6. Deshbandhu Sahu S/o Late Nathuram Sahu Aged About 35 Years Working As Assistant Teacher (L.B.) And Posted At Govt. Primary School Kamtarai, Block School Khamtarai, Block Dharsiwa, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Petitioners

Versus

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

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

3. Commissioner Municipal Corporation, Korba, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh

4. Commissioner Municipal Corporation, Raipur, Disrtict- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

5. Chief Municipal Officer Nagar Panchayat, Chhurikala, Disrtict- Korba, Chhattisgarh., District : Korba, Chhattisgarh

6. Chief Executive Officer Zila Panchayat Korba, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh ---- Respondents For petitioner :

Mr. Ajay Shrivastava, Advocate.

For State :

Mr. Chandresh Shrivastava, PL

Hon'ble Shri Justice P. Sam Koshy Order on Board 13/12/2018 1.

The dispute raised in the present writ petition is the non-consideration of the case of the petitioner for grant of revised pay scale on completion of 8 years of service. The denial to the petitioner was that the petitioner has not completed 8 years of service under the same employer.

2.

The grievance of the petitioner was that the petitioner was initially appointed under the Panchayat department and subsequently applied for recruitment on the higher post under the Municipal Council or vice versa 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). 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 petitioner would be entitled for the benefit as prayed for subject to the verification of the case by the Department.

Sd/- (P. Sam Koshy) Rohit JUDGE