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High Court Of ChhattisgarhWPS/3737/2013disposed off

Hemant Kumar Sahu v. The State Of Chhattisgarh And ANR.

2014-01-01Hon'Ble Shri Justice Prashant Kumar Mishra3 pages

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BEFORE

HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR C.G.

W.P.

(S) No....7§?§3i..2013 g PETITIONER Hemant kumar Sahu \fw S/o Binda Ram Sahu '

Aged about 55 years Upper Division Teacher Middle School Biragudi Sihawa Nagri District Dhamtari (C.G) P.S Sihawa

VERSUS

The State $wt. of Chhattishgarh, Through - The Secretalyi, Tribal and Welfare Department, Mahanadi Bhavan, Raipur (C.G.) (2) Asistant Commissioner Tribal and Welfare Dhamtari District Dhamtari ( C.G.) WRIT PETITION UNDER ARTICLE OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT OR x p MANDAMusmIRECTION OF OTHER APPROPRIATE WRIT.

'

HIGH COURT OF CHHAWISGARH BILASPUR SINGLE BENCH :

HON'BLE SHRI PRASHANT KUMAR MISHRA W.P. (S) No. 3737 of 201 3 PETITIONER Hemant Kumar Sahu

Versus

RESPONDENTS The State of Chhattisgarh and another.

Shri Barun Chakarbartey, counsel fr petitioner. o Ms. Raksha Awasthy, Panel Lawyer for the State, on advance copy. - ORAL ORDER (01/01/2014) By this petition, the petitioner seeks a direction to the respondent authorities to grant him regular pay scaie w.e.f.

his initia date i appointment.

2.

At the very outset, learned counsel appearing for the State submits that the State Goverment, by oer dated 09/07/2012, has constituted a n rd Committee under the Chairmanship of the Commissioner, Scheduled Tribe and Scheduled Caste Development Department, to look into the grievances of the employees with regard to grant of regular pay scale from their initial date appointment.

Thus, tis matter may be referred to the said h Committee.

3.

Th issue involve in the present ase, in respect of regular pay scale, e d c has already been considered and decided by this Court in Dashrath Prasad Kaartya Vs. State of Chhattisgarh and others [WP(S) No.2144/1 2, decided iw on 17/07/2012] wherein, this Court observed as under :- "4.

In view of the foregoing, nothing further is required to be done in this case.

The petitioner may approah the c aforestated Committee, if the relief sought for by the petitioner in this petition has n been granted.

lt is further directed that ot all the similarly situated teachers may first approach to the

Committee, as aforestated, before approaching to this Court if their grievances still survive, they are at Iiberty to approach this Court.

It is further clarified that 'the similarly situated teachers may make a representation to the Committee for redressal of their grievances in respect of grant of regular pay scale w.e.f. the initial date of appointment by post also." 4.

In view of the foregoing, the petitioner is directed to approach the Committee for appropriate relief and, in turn, the Committee is directed to consider and decide the case, in accordance with Iaw and on its own merits.

The needfui may be done within a period 12 weeks from the date receipt of a copy of this order.

5.

Accordingly, the writ petition is disposed of. Sd//- Prashant Kumar Mishra Judge