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Girish Kumar Kuldeep Vs State of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

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Chhattisgarh HC
2024
Girish Kumar Kuldeep Vs State of ChhattisgarhGirish Kumar Kuldeep v. State of Chhattisgarh

Dismissed¶29

Girish Kumar Kuldeep v. State of Chhattisgarh

Chhattisgarh HC24 Nov 2024WPS/1001/2018

Case brief

AI extract

What is this about?

Chhattisgarh HC Bilaspur, WPS No. 1001 of 2018, dismissed as infructuous on withdrawal request; Judge Amitendra Kishore Prasad; decision 25.11.2024; NAFR; subject: time pay scale upgrade for Draftsman, Agriculture Department; circular dated 28.04.2008; circular dated 11.02.2008; order dated 05.03.2016 (Annexure P-4); grade pay Rs. 4400/- w.e.f. 2013; grade pay Rs. 5400/- after 20 years' service; petitioners Girish Kumar Kuldeep, Ramji Lal Vatti, Baldev Markam, Syed Zakir Ali; respondents State of Chhattisgarh (GAD, Agriculture, Finance), Director (Agriculture) Raipur, Joint Director (Agriculture) Raipur; advocates Prahlad Shrivas, Praveen K. Dhurandhar (petitioners), S. S. Baghel Deputy Government Advocate (respondents).

What did the court decide?

None; the petition was dismissed as infructuous at the instance of the petitioners' counsel, and none of the prayed-for reliefs was granted or adjudicated.

Why is it important?

As learned counsel for the petitioners submitted at the outset that the petition had become infructuous and sought permission to withdraw it, the Court dismissed WPS No. 1001 of 2018 as having become infructuous; the merits of the pay-scale prayers were not adjudicated. ¶29

What the court decided

AI extract

Outcome

None; the petition was dismissed as infructuous at the instance of the petitioners' counsel, and none of the prayed-for reliefs was granted or adjudicated.

Issue for consideration

Whether the Draftsmen of the Agriculture Department are entitled to upgraded time pay scale in the light of the circular dated 28.04.2008. +2 more

Ratio / Principle

As learned counsel for the petitioners submitted at the outset that the petition had become infructuous and sought permission to withdraw it, the Court dismissed WPS No. 1001 of 2018 as having become infructuous; the merits of the pay-scale prayers were not adjudicated.

Detailed headnote1 paragraphs

WPS No. 1001 of 2018, High Court of Chhattisgarh at Bilaspur (single Judge, Hon'ble Amitendra Kishore Prasad; Order on Board dated 25.11.2024; NAFR). Four serving Draftsmen of the State Agriculture Department posted at Mahasamund, Kanker, Bijapur and Raipur (Girish Kumar Kuldeep, Ramji Lal Vatti, Baldev Markam, Syed Zakir Ali) had prayed for upgraded time pay scale for Draftsmen in light of the circular dated 28.04.2008; for setting aside of the order dated 05.03.2016 (Annexure P-4) stated to be against circulars dated 11.02.2008 and 28.04.2008; and for first upgrade with grade pay of Rs. 4400/- w.e.f. 2013 (petitioner Nos. 1-3) and second upgrade with grade pay of Rs. 5400/- for petitioner No. 4 after completion of 20 years of service. At the very outset learned counsel (Mr. Prahlad Shrivas, holding brief of Mr. Praveen K. Dhurandhar) submitted that the petition had become infructuous and sought permission to withdraw it; in view of that statement the Court dismissed the WPS as having become infructuous. The merits of the pay-scale claims were never adjudicated; no statute or precedent was cited.

A

1 / 3

2024:CGHC:46188

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPS No. 1001 of 2018

1 - Girish Kumar Kuldeep S/o Jagmohan Kuleep Aged About 40 Years Posted As Draftsman, In The OfÏce Of Assistant Soil Conservation OfÏcer, Mahasamund, District- Mahasamund. Chhattisgarh.

2 - Ramji Lal Vatti S/o S/o Shri Chamra Ram Vatti Aged About 38 Years P Posted As Draftsman, In The OfÏce Of Assistant Soil Conservation OfÏcer, Kanker, District- Kanker, Chhattisgarh.

3 - Baldev Markam S/o S/o Shri Mangaram Markam Aged About 46 Years Posted As Draftsman, In The OfÏce Of Assistant Soil Conservation OfÏcer, Bijapur, District- Bijapur, Chhattisgarh.

4 - Syed Zakir Ali S/o S/o Late S. M. Ali, Aged About 54 Years Posted As Draftsman, In The OfÏce Of Joint Director, Agriculture, Raipur, District- Raipur, Chhattisgarh.

... Petitioners

versus

1 - State Of Chhattisgarh Through The Secretary, General Administration Department, Mantralaya Mahanadi Bhawan, New Raipur, District- Raipur, Chhattisgarh.

2 - Secretary, State Of Chhattisgarh, Agriculture Department, Mantralaya, Mahanadi Bhawan, New Raipur, District- Raipur, Chhattisgarh.

3 - Secretary, State Of Chhattisgarh, Finance Department, Mantralaya Mahanadi Bhawan New Raipur, District- Raipur, Chhattisgarh.

2 / 3

4 - Director (Agriculture) Raipur, OfÏce At Labhandi, Krishak Nagar, Raipur District- Raipur, Chhattisgarh.

5 - Joint Director (Agriculture), Shastri Chowk, Nathani Building, Raipur, District- Raipur, Chhattisgarh.

... Respondents

For Petitioners : Mr. Prahlad Shrivas, Advocate holding brief of Mr. Praveen K. Dhurandhar, Advocate For Respondent : Mr. S. S. Baghel, Deputy Government Advocate

Hon'ble Shri Amitendra Kishore Prasad, Judge Order on Board

25.11.2024

The present writ petition has been filed by the petitioner with the following prayers:

“ 10.1 That, this Hon’ble Court may kindly be pleased to direct the respndents to grant upgradated time pay scale for the post of Draftsman in agriculture department in the light of the circular dated 28.04.2008.

10.2 That, this Hon’ble Court may kindly be pleased to set-aside the order dated 05.03.2016(Annexure P-4) which is against the circular dated 11.02.2008 and 28.04.2008.

10.3. That, this Hon’ble Court may kindly be pleased to direct the respondents to grant first upgrade of time pay scale with grade pay of Rs. 4400/- to the petitioner No. 1 to 3 w.e.f. 2013 and second upgrade of time pay scale to the petitioner No. 4 with grade pay of Rs. 5400/- from the day he has completed 20 years of service.

3 / 3

10.4 That, the Hon’ble court be further pleased to grant such other relief(s) as may be deemed fit and proper in the interest of justice and fair play.”

2. At the very outset, learned counsel for the petitioners submits that he seeks permission of this Court to withdraw this petition as this petition has become infructuous.

3. In view of the statement made by the learned counsel for the petitioner, the instant WPS is dismissed as having become infructuous.

Sd/-

(Amitendra Kishore Prasad) Judge

amita

Digitally signed by AMITA DUBEY Date: 2024.11.27 11:00:19 +0530

Issues for consideration

3 issues framed by the court

AI extract

1.
Whether the Draftsmen of the Agriculture Department are entitled to upgraded time pay scale in the light of the circular dated 28.04.2008.¶23
2.
Whether the order dated 05.03.2016 (Annexure P-4), stated to be against the circulars dated 11.02.2008 and 28.04.2008, ought to be set aside.¶24
3.
Whether petitioner Nos. 1 to 3 are entitled to first upgrade of time pay scale with grade pay of Rs. 4400/- w.e.f. 2013, and petitioner No. 4 to second upgrade of time pay scale with grade pay of Rs. 5400/- after completing 20 years of service.¶25

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 05.03.2016 (Annexure P-4), described in the prayers as being against the circulars dated 11.02.2008 and 28.04.2008; the petitioners sought its setting aside.¶24
05.03.2016

Parties & counsel

AI extract

petitioner
Girish Kumar Kuldeep¶6
Prahlad Shrivas, Praveen K. Dhurandhar
petitioner
Ramji Lal Vatti¶7
Prahlad Shrivas, Praveen K. Dhurandhar
petitioner
Baldev Markam¶8
Prahlad Shrivas, Praveen K. Dhurandhar
petitioner
Syed Zakir Ali¶9
Prahlad Shrivas, Praveen K. Dhurandhar
respondent
State of Chhattisgarh, through the Secretary, General Administration Department¶12
S. S. Baghel
respondent
Secretary, State of Chhattisgarh, Agriculture Department¶13
S. S. Baghel
respondent
Secretary, State of Chhattisgarh, Finance Department¶14
S. S. Baghel
respondent
Director (Agriculture), Raipur¶16
S. S. Baghel
respondent
Joint Director (Agriculture), Raipur¶17
S. S. Baghel

Coram

AI extract

Amitendra Kishore Prasadauthor¶20

Case details

As recorded by the court registry

Court: Chhattisgarh HC
Decided on: 24 Nov 2024 · November
Registered: 27 Jan 2018
Case no.: WPS/1001/2018
CNR: CGHC010024162018
Bench: Amitendra Kishore Prasad
Disposal: DISMISSED
Case type: WPS

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Cite this judgement

Girish Kumar Kuldeep v. State of Chhattisgarh, WPS/1001/2018 (CG), decided on 24 November 2024.

The High Court of Chhattisgarh publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history1

Order dated 05.03.2016 (Annexure P-4), described in the prayers as being against the circulars dated 11.02.2008 and 28.04.2008; the petitioners sought its setting aside.05.03.2016

View full history

Bench / Coram

Amitendra Kishore Prasad

Parties & counsel