Sant Kumar Joshi vs State Of Chhattisgarh 80 Sa/346/2002 ... on 16 May, 2019

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Chattisgarh High Court

Sant Kumar Joshi vs State Of Chhattisgarh 80 Sa/346/2002 ... on 16 May, 2019

Bench: P. Sam Koshy

                                               -1-


                                                                                      NAFR
                   HIGH COURT OF CHHATTISGARH AT BILASPUR

                                      WPS No. 3794 of 2019

             Sant Kumar Joshi S/o Shri Darash Ram Joshi Aged About 41 Years
             Presently Working As Lecturer (Nagariya Nikay) At Govt. Higher
             Secondary School, Barpali Champa, Block Bamhnidih, District Janjgir
             Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

                                                                            ---- Petitioner

                                            Versus

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

        2. Joint Director Department Of Urban Administration And Development,
             Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

        3. Chief Municipal Officer Municipal Council, Champa, District Janjgir
             Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

        4. Block Education Officer Block Bamhnidih, District Janjgir Champa
             Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

                                                                        ---- Respondents

For Petitioner : Mr. CJK Rao, Advocate For State : Ms. Shriya Mishra, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 16/05/2019

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 -2- applied for recruitment on the higher post under the Municipal Council in the year 2013 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/-

(P. Sam Koshy) Judge Rohit

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