Disposed¶29

Ashwani Kumar Rathore v. State of Chhattisgarh

Chhattisgarh HC9 Jun 2024WPS/1470/2024

Case brief

AI extract

What is this about?

Chhattisgarh High Court Bilaspur; WPS No. 1470 of 2024; decided 10.06.2024; Narendra Kumar Vyas, J.; Data Entry Operator Grade03; two higher pay scales on completion of 12 and 24 years; Chhattisgarh Employment Service Recruitment Rules, 2005; Finance Instruction No. 15/2023 dated 09-05-2023; first time scale of pay order dated 13-03-2024; grievances redressed during pendency; petition disposed of; liberty to file fresh petition.

What did the court decide?

Writ petition disposed of as grievances stood redressed during pendency; petitioners given liberty to file a fresh petition if not satisfied with the redressal. ¶29

Ashwani Kumar Rathore Vs State of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPS No. 1470 of 2024

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Ashwani Kumar Rathore S/o Shri Puniram Rathore Aged About 44 Years Presently Posted At Data Entry Operator, Industrial Training Institute Koni, Distt. Bilaspur C.G., R/o Ward No. 17, Near Ravidas Chowk Chandaniya Para Janjgir, District : JanjgirChampa, Chhattisgarh

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Padum Lal Jogi S/o Shri Nain Das Jogi Aged About 36 Years Presently Posted At Jd, Regional Office, Bilaspur, C.G., R/o Mandir Chowk, Diggi, Bhatapara, District : BalodabazarBhathapara, Chhattisgarh

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---- Petitioner

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Versus

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State of Chhattisgarh Through The Secretary, Department of Man Power Planing, Mantralaya, Mahanadi Bhawan, Naya Raipur, District : Raipur, Chhattisgarh

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Director, Directorate of Employment and Training, Indrawati Bhawan Block 4, First Floor, Naya Raipur, Atal Nagar, District : Raipur, Chhattisgarh

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---- Respondents

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For Petitioners : Mr. Faisal Akhtar, Advocate For State : Mr. Suyashdhar Badgaiyan, Dy. Government Advocate

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Hon'ble Shri Justice Narendra Kumar Vyas

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Order on Board

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10.06.2024

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The petitioners who are working as Data Entry Operator (Grade03) in Industrial Training Institute were appointed on 02.02.2013 and 07.02.2013 and have completed their probation period and service has already been regularized with effect from 21.06.2011 and 28.06.2011 but no promotional avenues was provided to them under the Chhattisgarh Employment Service Recruitment Rules, 2005, therefore they have filed the present writ petition and have prayed for following reliefs:

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“10.1) The Hon'ble Court may kindly be pleased to direct the respondents to grant two higher scales to the petitioner, in the hierarchy of pay-scales, one on completion of 12 years and other on completion of 24 years of services.

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10.2) The Hon'ble Court may kindly be pleased to direct the respondents to give all consequential monetary benefits to the petitioner including payments of arrears etc.

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10.3) The Hon'ble Court may kindly be pleased to direct the respondents to grant two promotions in the next higher pay scale of pay upon his completion of 12 years and 24 years in service 10.4) Grant any other writ(s), order(s), relief(s) in favour of the petitioners, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioners. ”

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Learned counsel for the State would submit that during pendency of the petition the grievances of the petitioners have been redressed and would draw attention of this Court towards the paragraph 5 & 6 of their counter which is extracted below:

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“5. That, it is humbly submitted that vide finance instruction No. 15/2023 dated 09-05-2023 of the Finance Department of the State of Chhattisgarh, the post of data entry operator in the answering department have been instructed to be included in the Appendix 2 of the memo for granting Time Scale Higher Pay Scales. Copy of the Finance Instructions dated 09-05-2023 is filed and marked as ANNEXURE R-1/1.

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That, subsequently the case of the petitioners along with similarly situated employees were considered and vide order dated 13-03-2024 the petitioner have been granted first time scale of pay on completion of ten years of service. It is pertinent to mention here that petitioner No. 1 have been granted first time scale of pay from dated 22-06-2019 and the petitioner No. 2 have been granted first time scale of pay from dated 29-06-2019. Copy of the order dated 13-03-2024 is filed and marked as ANNEXURE R-1/2. ”

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He would further submit that since the grievances of the petitioners have already been redressed, as such, at present the petition becomes infructuous.

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Considering the submission that grievances raised by the petitioners at this juncture has been redressed, therefore, the writ petition is disposed of. However, if the petitioners are not

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satisfied with the redressal of the grievances they are at liberty to

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file a fresh petition.

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