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High Court Of ChhattisgarhWPS/1/2020allowed

Laxman Lal v. The State Of Chhattisgarh

2020-01-07Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 01 of 2020 • Laxman Lal S/o Mr. Chhedi Lal Aged About 39 Years Occupation Lecturer (N.N), Posted At Shri Prem Bhuwan Pratap Singh Government Higher Secondary School, Bhatagaon, Block Bilaigarh, District Balodabazar Bhatapara, Chhattisgarh ---- Petitioner

Versus

1. The State Of Chhattisgarh Through Its Secretary, Urban Administration Development Department, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh

2. Secretary Panchayat And Rural Development Department, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh

3. Chief Executive Officer Janpad Panchayat, Bilaigarh District Balodabazar Bhatapara, Chhattisgarh

4. Nagar Panchayat Bhatgaon Through Its Chief Municipal Officer, Nagar Panchayat, Bhatgaon, District Balodabazar Bhatapara, Chhattisgarh ---- Respondents For Petitioner :

Shri Parag Kotecha, Advocate For Respondents/ State :

Shri Soumya Rai, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 07/01/2020

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 Nagariy Nikay in the year 2012 and taking both the services, the petitioner has completed more than 8 years of service and therefore he 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/- - Sd/- Goutam Bhaduri Judge yasmin