Disposed

Radheshyam Khairwar and Ors. v. State Of Chhattisgarh and Ors.

Chhattisgarh HC10 Jul 2024WPS/3987/2013

Case brief

AI extract

What is this about?

Petitioners, retired Hand Pump Technicians, approached this Court seeking a revised pay scale. Noting the lack of decision despite previous directions and a withdrawn contempt case, the Court disposed of the petition by directing the respondent authorities and the constituted Committee to decide the claim within 120 days.

What did the court decide?

Direction to respondent authorities and the Committee constituted by the State Government to decide the claim of petitioners regarding revised pay scale within 120 days.

Radheshyam Khairwar and Ors. Vs State… — Pension and Retirement Benefits | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPS No. 3987 of 2013

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1. Radheshyam Khairwar S/o Shri Ram Aged About 56 Years R/o Village Ragia, Via Sakti Distt. Janjgir-Champa C.G. Posted As Hand Pump Technician, Chhattisgarh

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2. Bharat Lal Rathore S/o Shri Dauram Aged About 58 Years R/o Village Kalchanda Vikas Khand Jaijaipur, Distt. Janjgir-Champa C.G. Posted As Hand Pump Technician, District : Janjgir-Champa, Chhattisgarh

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3. Harihar Singh Chandel S/o Bishan Singh Chandel Aged About 56 Years R/o Village Dhurkot, Distt. Janjgir-Champa C.G. Posted As Hand Pump Technician, District : Janjgir-Champa, Chhattisgarh

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4. Bharat Lal Chandrakar S/o Shri Babu Lal Aged About 55 Years R/o Headquarter Baradwar Vikas Khan Sakti, Distt. Janjgir-Champa C.G. Posted As Hand Pump Technician, District : Janjgir-Champa, Chhattisgarh

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5. Ramesh Chandra Rathore S/o Janak Ram Aged About 56 Years R/o Barpali Kalan Via Sakti, Distt. Janjgir-Champa C.G. Posted As Hand Pump Technician, District : Janjgir-Champa, Chhattisgarh

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6. Dasharam Sahu S/o Shri Adhariram Aged About 56 Years R/o Sakti, Distt. Janjgir-Champa C.G. Posted As Hand Pump Technician, District : Janjgir-Champa, Chhattisgarh

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7. K.P. Vishwakarma S/o Sewakram Aged About 56 Years R/o Village Gujiabod, Jaijaipur Distt. Janjgir-Champa C.G. Posted As Hand Pump Technician, District : Janjgir-Champa, Chhattisgarh

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---- Petitioners

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Versus

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1. State Of Chhattisgarh Through Secretary Public Health And Engineering Department Mahanadi Bhawan, Mantralaya Naya Raipur, Raipur C.G., Chhattisgarh

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2. Engineer-In Chief Public Health And Engineering Department, Raipur C.G., District : Raipur, Chhattisgarh

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3. Chief Engineer Public Health And Engineering Department, Neer Bhawan, Raipur C.G., District : Raipur, Chhattisgarh

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---- Respondents

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(Cause-title taken from Case Information System)

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For Petitioners : Ms. Deeksha Gouraha, Advocate holding brief of Mr. Mateen Siddiqui, Advocate For State : Mr. Atanu Ghosh, Dy. G.A.

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Hon'ble Shri Justice Rakesh Mohan Pandey

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Order on Board

11.07.2024

Heard.

1. The petitioners have filed this petition seeking the following relief(s):-

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“ 10.1 To kindly direct the respondents to constitute a committee as was ordered in WP(S) No.5776 of 2007 in order to give the benefit of revised pay scale to the petitioners within a stipulated period of time.

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10.2 To kindly make any other order that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner.”

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2. Ms. Gouraha, learned counsel appearing for the petitioners argued that the petitioners were working on the post of Hand Pump Technicians in the Department of Public Health & Engineering. She further argued that the petitioners were entitled to get a revised pay scale in accordance with a letter dated 12.10.2001 issued by the Chief Engineer, Public Health & Engineering Department, Raipur to the Secretary Department of Public Health & Engineering, Government of Chhattisgarh. She also argued that WPS No. 5776 of 2007 was filed and vide order dated 18.03.2009, a direction was issued to the respondents to constitute a Committee and pass an appropriate order in accordance with the law. She further submitted that the Committee was constituted by the State Government on 08.05.2002 but till date, no decision has been taken. She also submitted that the Contempt Case (C) No. 503 of 2013 was filed which was withdrawn with liberty to approach the respondent authorities. Ms. Gouraha further contended that the petitioners, who are now retired government servants, are wandering from pillar to post for their legal rights but till date, no decision has been taken. She lastly stated that a

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direction may be issued to the Committee constituted by the State of Chhattisgarh vide order dated 08.05.2002 to redress the grievances of the petitioners.

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3. On the other hand, Mr. Ghosh, the learned Deputy Government Advocate appearing for the State opposes the submissions made by Ms. Gouraha. He submitted that earlier, seeking a similar relief, a writ petition was filed and a direction was issued therefore, the second petition seeking similar relief is not maintainable. He also submitted that a contempt case was filed which was withdrawn, therefore this petition is not maintainable and is liable to be dismissed.

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

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5. Admittedly, the petitioners were working in the post of Hand Pump Technicians and they are Class-III employees. They were entitled to get a revised pay scale according to the letter issued by the State of Chhattisgarh dated 12.10.2001 since a recommendation was made by the Chief Engineer of the department. As informed by Ms. Gouraha, most of the petitioners have retired from services on account of superannuation but till date, their grievances have not been redressed by the State authorities. It is also apparent from the order passed in WPS No. 5776 of 2007 that a direction was issued to the Committee to decide the matter expeditiously. A contempt case was also filed which was withdrawn but till date, no decision has been taken.

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6. Taking into consideration the above-stated facts, this petition at this juncture is disposed of directing the respondent authorities including the Committee constituted pursuant to the order dated 08.05.2002 to

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decide the claim of the petitioners with regard to the grant of revised pay scale preferably within a period of 120 days from the date of receipt of a copy of this order. If the petitioners are found eligible for the grant of a revised pay scale, the authority concerned shall make the payment of arrears of salary.

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7. With the aforesaid observation(s)/direction(s), the present petition is disposed of . Sd/-

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(Rakesh Mohan Pandey)

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Judge

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Rekha

Radheshyam Khairwar and Ors. v. State Of Chhattisgarh and Ors.

Case brief

What is this about?

What did the court decide?

Radheshyam Khairwar and Ors. v. State Of Chhattisgarh and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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