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[Cites 1, Cited by 5]

Chattisgarh High Court

Sanjay Kumar Khare vs State Of Chhattisgarh 49 Wps/7189/2018 ... on 30 October, 2018

Author: P. Sam Koshy

Bench: P. Sam Koshy

                                 1

                                                                   NAFR
       HIGH COURT OF CHHATTISGARH AT BILASPUR

                      WPS No. 7195 of 2018


1. Sanjay Kumar Khare S/o Shri Charan Singh Khare, Aged About 43
   Years, Working As Lecturer (Panchayat) And Posted At Govt. Higher
   Secondary School Khalari, Block Doundi, District Balod Chhattisgarh.
2. Yayati Kumar Shivane S/o Shri Sukhiram Shivane, Aged About 35
   Years, Working As Teacher (Panchayat) And Posted At Govt. Middle
   School Kodekasa, Block Doundilohara, District Balod, Chhattisgarh.
3. Jitendra Kumar Nirmalkar S/o Shri Devsharan Nirmalkar, Aged About
   34 Years, Working As Lecturer (Panchayat) And Posted At Govt. High
   School Devri (D), Block Gunderdehi, District Balod Chhattisgarh.
4. Tameshwar Gayakwad S/o Shri Chandraprakash Gayakwad, Aged
   About 31 Years, Working As Lecturer (Panchayat) And Posted At Govt.
   High School Deveri (D), Block Gunerdehi, District Balod Chhattisgarh.
5. Smt. Padmaja Sahu W/o Shri Mahesh Kumar Sahu, Aged About 42
   Years, Working As Lecuter (Panchayat) And Posted At Govt. Higher
   Secondary School Rahud, Block Gunderdehi, District Balod
   Chhattisgarh.
6. Dayaram Chanap S/o Shri Kalyan Singh Chanap, Aged About 38 Years,
   Working As Lecturer (Panchayat) And Posted At Govt. Higher
   Secondary School Suregaon, Block Doundilohara, District Balod
   Chhattisgarh.
7. Durguram Jurri S/o Shri Bisaruram Jurri, Aged About 39 Years, Working
   As Lecturer (Panchayat) And Posted At Govt. Higher Secondary School
   Devribangla, Block Doundilohara, District Balod Chhattisgarh.
8. Toranlal Deshmukh S/o Shri Ramgulal Deshmukh, Aged About 32
   Years, Working As Lecturer (Panchayat) And Posted At Govt. Higher
   Secondary School Pondi, Block And District Balod Chhattisgarh.
9. Jaiprakash Sahu S/o Shri Tanulal Sahu, Aged About 37 Years, Working
   As Lecturer (Panchayat) And Posted At Govt. High School Jungera,
   Block And District Balod Chhattisgarh.
10.Kanhaiya Prasad S/o Shri Khemlal, Aged About 36 Years, Working As
   Lecturer (Panchayat) And Posted At Govt. Higher Secondary School
   Odarsakri, Block Gunderdehi, District Balod Chhattisgarh.
11.Smt. Kaishrin Baig W/o Shri Emam Baig, Aged About 38 Years,
   Working As Lecturer (Panchayat) And Posted At Govt. Higher
   Secondary School Bhandera, Block Doundilohara, District Balod
   Chhattisgarh.
                                  2


12.Smt. Ruchita Choursiya W/o Shri Shiv Kumar Choursiya, Aged About
   38 Years, Working As Teacher (Panchayat) And Posted At Govt. Middle
   School Suregaon, Block Doundilohara, District Balod Chhattisgarh.
13.Nand Kishor Pisda S/o Shri Sita Ram Pisda, Aged About 42 Years,
   Working As Lecturer (Panchayat) And Posted At Govt. Higher
   Secondary School Kodekasa, Block Doundilohara, District Balod
   Chhattisgarh.
14.Pawan Ram Chandel S/o Shri Dilbahar Chandel, Aged About 33 Years,
   Working As Lecturer (Panchayat) And Posted At Govt. Higher
   Secondary School Mudkhusra, Block Doundilohara, District Balod
   Chhattisgarh.
15.Kirti Kumar Chandrakar S/o Shri Sewak Lal Chandrakar, Aged About 37
   Years, Working As Lecturer (Panchayat) And Posted At Govt. Higher
   Secondary School Suregaon, Block Doundilohara, District Balod
   Chhattisgarh.
16.Ku. Chitralekha Ogare D/o Shri Ghanshyam Singh Ogare, Aged About
   29 Years, Working As Lecturer (Panchayat) And Posted At Govt. Higher
   Secondary School Pondi, Block And District Balod Chhattisgarh.
17.Chanda Kumari Singh W/o Shri Rajilal Singh, Aged About 47 Years,
   Working As Lecturer (Panchayat) And Posted At Govt. Higher
   Secondary School Rahud, Block Gunderdehi, District Balod
   Chhattisgarh.
18.Ku. Rameshwari Dewangan D/o Late Shri Ramkumar Dewangan, Aged
   About 36 Years, Working As Lecturer (Panchayat) And Posted At Govt.
   Higher Secondary School Latabod, Block And District Balod
   Chhattisgarh.
19.Tula Ram Sahu S/o Shri Sundar Lal Sahu, Aged About 43 Years,
   Working As Lecturer (Panchayat) And Posted At Govt. Higher
   Secondary School Mokha, Block Gunderdehi, District Balod
   Chhattisgarh.
20.Kaushal Kumar Gangvanshi S/o Chaitram Gangvanshi, Aged About 38
   Years, Working As Lecturer (Panchayat) And Posted At Govt. Higher
   Secondary School Darra, Block Gurur, District Balod Chhattisgarh.
21.Narendra Kumar Sahu S/o Shri Chumman Singh Sahu, Aged About 43
   Years, Working As Lecturer (L.B.) And Posted At Govt. High School
   Mokha, Block Gurur, District Balod Chhattisgarh.
22.Smt. Indubala Sinha W/o Shri Khilendra Kumar Sinha, Aged About 33
   Years, Working As Lecturer (Panchayat) And Posted At Govt. Higher
   Secondary School Darra, Block Gurur, District Balod Chhattisgarh.
23.Ramesh Kumar Thakur S/o Shri Madhoram Thakur, Aged About 42
   Years, Working As Lecturer (Panchayat) And Posted At Govt. Higher
   Secondary School Rengadabri, Block Doundilohara, District Balod
   Chhattisgarh.
                                             3


       24.Leela Ram Sinha S/o Bhikham Lal Sinha, Aged About 35 Years,
          Working As Assistant Teacher (Panchayat) And Posted At Govt. Higher
          Secondary School Kanwar, Block Gurur, District Balod Chhattisgarh.
                                                                      ---Petitioners
                                            Versus
       1. State Of Chhattisgarh, Through Secretary, Department Of Panchayat,
          Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur
          Chhattisgarh.
       2. Chief Executive Officer, Zila         Panchayat    Balod,   District   Balod
          Chhattisgarh.
       3. Chief Executive Officer, Janpad Panchayat Gurur, District Balod
          Chhattisgarh.
                                                                   ---Respondents

For petitioners : Shri Ajay Shrivastava, Advocate.

      For State          :      Shri S.P.Kale, Dy.A.G.



                         Hon'ble Shri Justice P. Sam Koshy
                                    Order on Board
30/10/2018

1. Learned Counsel for the parties submits that the issue raised in this petition is squarely covered by the order dated 28.11.2017 passed by this Court in WPS No.2530 of 2017 (Mukesh Kumar Patel and another Vs. State of Chhattisgarh and another) and batch of petitions, wherein allowing the petitions, the circular dated 23.4.2016 has been quashed and it has been declared that the petitioners therein shall be entitled to obtain the benefit of revised pay-scale on completion of 8 years service by including the services rendered by them on a lower post or on the same post.

2. In view of the aforesaid submission, since the impugned order or action is based on circular dated 23.4.2016 which stands quashed in the case referred above, the present writ petition also deserves to be allowed with the 4 direction that the petitioners shall also be entitled to obtain the benefit of revised pay-scale on completion of 8 years service including the services rendered by them on a lower post or on the same post.

3. The writ petition thus stands finally disposed of.

Sd/-


                                                             (P. Sam Koshy)
Sumit                                                            JUDGE