Disposed

Vilas Bhandari and Ors. v. State of Chhattisgarh and Ors.

Chhattisgarh HC6 Feb 2020WPS/6412/2009

Case brief

AI extract

What is this about?

Assisted Engineers of the Water Resources Department filed a writ petition seeking direction to the State to re-fix their pay scale higher than that of Sub-Engineers. The High Court directed the Department to consider fresh detailed representations within 4 weeks and decide by a reasoned order in 3 months.

What did the court decide?

Petition disposed; direction to submit fresh detailed representations within 4 weeks for decision in 3 months by concerned Department.

Vilas Bhandari and Ors. Vs State of… — Pension and Retirement Benefits | Chhattisgarh HC (2020)

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WPS No. 6412 of 2009

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPS No. 6412 of 2009

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Vilas Bhandari , S/o Late Shri B.G. Bhandari, Aged about 56 years, R/o Pandhi, Irrigation Colony, PO Arang, District Raipur (CG)

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Gajanand Hedau, S/o Shri Babulal Hedau, Aged about 50 years, R/o Irrigation Colony, Kondagaon,District Bastar

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Onkar Prasad Thakur, S/o Late Harakhand Thakur, Aged about 49 years, R/o House No.50, Lohiya Nagar, Behind Govt. Higher Sec. School, Mova, PO Pandri, Raipur, District Raipur

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G.A. Salim, S/o Shri G.A. Moin, Aged about 48 years, R/o 9/925, Bharti Nagar, Bilaspur, District Bilaspur (CG)

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R.P. Gupta, S/o Shri Sita Ram Gupta, Aged about 48 years, R/o Near Gayatri Mandir, Vinoba Bhave Nagar, Bilaspur, District Bilaspur (CG)

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Santosh Kumar Jain, S/o Late Shir Pannalal Jain, Aged about 56 years, R/o C/o Khilawan Gupta, Ramsagarpara, Gopal Dall Mill Gali, Raipur District Raipur (CG)

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Kalicharan Verma, S/o Late Shri Paduman Singh Verma, Aged about 60 years, R/oKadambri Nagar, Durg District Durg (CG)

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Dinesh Kumar Sahu, S/o Late Shir Mahendra Pratap Sahu, Aged about 58 years, R/o D-85, P&T Colony, Tagore Nagar, Raipur, District Raipur (CG)

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Kapish Chandra Shrivastava, S/o Shri K.S. Shrivastava, Aged about 58 years, R/o C/o Shri Hemant Sahu, Siddharth Chowk, Tikrapara, Raipur District Raipur

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Jeewan Lal Sahu, S/o Shri Prem Singh Sahu, Aged about 60 years, R/o Harshit Vihar Colony, Phase 1, Hirapur Road, Mohaba Bazar, Raipur District Raipur (CG)

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11.Ramesh Kumar Sinha, S/o Shri Maheshwari Prasad Sinha, Aged about 60 years, R/o MIG-382, Housing Board Colony, Padamnabhpur, Durg District Durg (CG)

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12.Ram Lal Patel, S/o Deoprasad Patel, Aged about 60 years, R/o 24 Parmanand Nagar Colony, Mahobabazar, Raipur District Raipur

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Kirtan Prasad Mishra, S/o Late Shri Dwarika Prasad Mishra, Aged about 60 years, R/o P.No. 523, Near Football House,

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WPS No. 6412 of 2009

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Sundar Nagar, Raipur District Raipur (CG)

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14.Raja Ram Marraphe, S/o Late Shir Marraphe, Aged about 48 years, R/o Quarter No.G-71, Irrigation Colony, Shanti Nagar, Raipur District Raipur

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---- Petitioner

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Versus

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State Of Chhattisgarh, Through Secretary, Department of Water Resources, KS Bhawan, Mantralaya, Raipur (CG)

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Secretary, Department of General Administration, DKS Bhawan, Mantralaya, Raipur (CG)

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Engineer-in-Chief, Department of Water Resources, Sihawa Bhawan, Civil Lines, Raipur District Raipur (CG)

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Chief Technical Examiner (Vigilance), Shankar Nagar Road, Near Railway Crossing, Raipur, District Raipur

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---- Respondent

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For Petitioners Mr. PK Bhaduri, Advocate For Respondent /State Mr. RS Baghel, Dy. Advocate General

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Hon'ble Mr. Justice Prashant Kumar Mishra

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Order On Board

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6/2/2020

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Heard.

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The petitioners are the Assistant Engineers in the Department of Water Resource. They have prayed for issuance of a direction to the respondents to re-fix the pay scale of the petitioners from their present pay scale of Rs.8000-275-13500/- to a suitable pay scale (which is higher than the pay scale given to Sub-Engineer upon completion of 25 years of service on the post of Sub-Engineer i.e. Rs.10,000 -15,200/-).

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WPS No. 6412 of 2009

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A writ Court does not ordinarily direct fixation of a particular pay scale for a particular set of employees.

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The issue as to whether the pay scale made admissible to the petitioners suffers from any anomaly or arbitrariness viz-a-viz the pay scale allowed to a Sub- Engineer upon completion of 25 years of service on the said post, should be better addressed by the State Government.

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The petitioners have filed several representations without there being any response from the respondents. Therefore, the writ petition is disposed of with direction that the petitioners may move a fresh detailed representation(s) within a period of 4 weeks from today, which shall be considered and decided by the concerned Department in consultation with the Finance Department of the State Government by a reasoned order within a period of 3 months from the date of receipt of representation.

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It is made clear that this Court has not expressed any opinion on the merits of the case and the respondent authorities shall decide the matter, on its own merits, strictly in accordance with law without treating any observation made in this order as opinion on the merits of the case. Sd/-

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(Prashant Kumar Mishra)

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Judge

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Shyna

Vilas Bhandari and Ors. v. State of Chhattisgarh and Ors.

Case brief

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Vilas Bhandari and Ors. v. State of Chhattisgarh and Ors.

Case brief

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