Ashok Kumar Tandan Vs State Of Chhattisgarh And Ors.

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPS No. 1002 of 2014

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Ashok Kumar Tandan S/o Shri Darasaram Tandon Aged About 33 Years R/o Village Post- Bhinoda, P.S. - Sarsiva, Distt. Balodabazar Bhatapara C.G. Presently Posted As Teacher Panchayat, Shiksha Karmi Grade - Ii, Goverment Middle School, Tata, Bilaigarh Distt. Baloda Bazar Bhatapara C.G. , Chhattisgarh

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---- Petitioner

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Versus

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1. State Of Chhattisgarh And Ors. Department Of Panchayat And Rural Development Mantralaya, Mahanadi Bhawan, Naya Raipur C.G.

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2. Joint Secretary, Department Of Panchayat And Rural Development Mantralaya, Mahanadi Bhawan, Naya Raipur C.G., District : Raipur, Chhattisgarh

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3. Chief Executive Officer Zila Panchayat, Distt. Raipur C.G., District : Raipur, Chhattisgarh

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4. Chief Executive Officer Janpad Panchayat, Bilaigarh, Distt. BalodabazarBhatapara C.G., District : Balodabazar-Bhathapara, Chhattisgarh

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---- Respondents

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(Cause Title is taken from Case Information System)

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For Petitioner : Ms. Zainab Vanak, Advocate, holding the brief of
Mr. Mateen Siddiqui, Advocate
For State : Mr. Atanu Ghosh, Deputy Government Advocate
For Respondent No. 4 : Mr. Aman Upadhyay, Advocate holding brief of
Mr. Sushil Dubey, Advocate.

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Hon'ble Shri Justice Rakesh Mohan Pandey

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Order on Board

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23.07.2024

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1. Learned counsel appearing for the petitioner submitted that the petitioner, who was appointed to the post of Shiksha Karmi Grade-III vide order dated 18.05.2005, is claiming for a revised pay scale on completion of 8 years of service in the light of the Circular dated 17.05.2013. She further submitted that in the case of Mukesh Kumar Patel and another v. State of Chhattisgarh and another passed in WPS No. 2530 of 2017 and another connected

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matter on 28.11.2017, a similar issue has been dealt with, wherein, the similarly situated petitioners/employees were found entitled to get the benefit of the revised pay scale after the completion of 8 years of service. She lastly submitted that the instant petition may be disposed of in terms of the order passed in Mukesh Kumar Patel (supra) .

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1. On the other hand, the learned State counsel submitted that in the matter of Mukesh Kumar Patel (supra), representations were made by the petitioners and after rejection of the same; they preferred writ petitions before this Court. He further submitted that in the present case, the petitioner has not made any representation before the authorities concerned. He lastly submitted that the authorities concerned have to scrutinize and verify the claim of the petitioner and after that, any decision would be taken.

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1. I have heard learned counsel appearing for the parties and perused the documents placed on the record.

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1. In the matter of Mukesh Kumar Patel (supra) , while dealing with a similar issue the Co-ordinate Bench of this Court held that the teachers shall be entitled to obtain the benefit of a revised pay scale on completion of 8 years of service by including the services rendered by them on a same or the lower post, but in those petitions, the petitioners made representations before the authorities concerned, and the same was rejected on 23.04.2016, thereafter, they preferred writ petitions.

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1. Taking into consideration the above-stated facts, this petition, at this juncture, is disposed of reserving liberty in favour of the petitioner to make a representation before respondents No. 2 & 3 within a period of 30 days, who in turn, shall decide the claim of the petitioner strictly in accordance with law keeping in mind the order passed in WPS No. 2530 of 2017 dated 28.11.2017 in Mukesh Kumar Patel (supra) .

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