Allowed

Karan Singh Kabire v. Chhattisgarh State Civil Supplies Corporation Ltd. And Anr.

Chhattisgarh HC20 Oct 2024WPS/4491/2014

Case brief

AI extract

What is this about?

Petitioner denied Time Scale Pay despite thrice-promoted status. Court found the rejection order failed to consider Para-08 directions and Para-04 entitlement in the 28.04.2008 circular, set aside the order, and directed fresh consideration within 60 days.

What did the court decide?

Impugned order dated 23.07.2013 set aside; respondents to reconsider petitioner's Time Scale Pay claim afresh per circular dated 28.04.2008 within 60 days; no cost.

Karan Singh Kabire Vs Chhattisgarh… — Pension and Retirement Benefits | Chhattisgarh HC (2024)

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Page No.1 of 3 IN WPS-4491-2014

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2024:CGHC:41476

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 4491 of 2014

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Karan Singh Kabire S/o Shri Parikshit Kabire Aged About 57 Years R/o L.I.G. 417 Sectro -1, Near Water Tank Pandit Dindayal Upadhyay Nagar, Distt. Raipur C.G. , Chhattisgarh

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... Petitioner

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SAIFAN KHAN

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Digitally signed by Versus SAIFAN KHAN Date: 2024.10.24 1 - Chhattisgarh State Civil Supplies Corporation Ltd. And Anr. S/o 11:08:36 +0530 Through Its Chairman Hitwad Parisar Avanti Vihar Colony, Head Quarters H.Q. Raipur Distt. Raipur C.G., Chhattisgarh

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2 - The Managing Director Chhattisgarh State Civil Supplies Corporation Ltd. Through Its Chair Man Hitwad Parisar Avanti Vihar Colony H.Q. Raipur C.G.

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... Respondents

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(Cause-title taken from Case Information System)

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----------------------------------------------------------------------------------------------For Petitioner : Mr. Raza Ali, Advocate For Respondents : Mr. V.R. Tiwari, Senior Advocate assisted by Mr. Anish Tiwari, Advocate

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SB: Hon'ble Shri Justice Sanjay K. Agrawal Order On Board

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21. 10.2024

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1. The petitioner has filed this writ petition under Article 226/227 of the Constitution of India challenging order dated 23.07.2013 (AnnexureP/04), by which he has not been granted the benefit of Time Scale Pay as per circular dated 28.04.2008 (Annexure-P/02).

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2. Learned Senior Counsel appearing for the respondents submits

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Page No.2 of 3 IN WPS-4491-2014

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that since the petitioner has been granted promotion thrice: firstly on 19.12.1993 on the post of Senior Assistant; secondly on 21.06.2005 on the post of Assistant Manager and, thirdly on 30.08.2010 on the post of Deputy Manager, therefore, he is not entitled for the benefit of Time Scale Pay as per circular dated 28.04.2008 (Annexure-P/02).

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3. I have heard learned counsel for the parties, considered their rival submissions made hereinabove and went through the record with utmost circumspection.

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4. A bare perusal of circular dated 28.04.2008 (Annexure-P/02), would show that in Para-04 it has been mentioned that those Government Servants who have been granted promotion twice or more than twice are also entitled for the benefit of higher pay-scale, whereas learned Senior Counsel appearing for the respondent submits that in view of Para-08 of the said circular, the petitioner herein is not entitled for the benefit of time pay scale, as he has already been granted promotion thrice and getting higher pay scale. However, the fact remains that by order dated 23.07.2013 (Annexure-P/04), the petitioner’s case has been rejected only on the ground that he has already been granted promotion, but the directions issued in Para-08 of circular dated 28.04.2008 (Annexure-P/02) has not been considered, indeed, as per Para-04 of the said circular, even those Government Servants, who have been granted promotion twice or more than twice,

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Page No.3 of 3 IN WPS-4491-2014

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are also entitled for the benefit of higher pay-scale.

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5. In that view of the matter, impugned order dated 23.07.2013 (Annexure-P/04) is hereby set aside. The respondents are directed to consider the case of the petitioner afresh in light of circular dated 28.04.2008 (Annexure-P/02) strictly in accordance with law and without getting influenced by the observation made herein above within 60 days from the date of receipt of copy of this order.

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6. The writ petition is allowed to the extent indicated herein above. No cost.

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Sd/- (Sanjay K. Agrawal) Judge

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s@if

Karan Singh Kabire v. Chhattisgarh State Civil Supplies Corporation Ltd. And Anr.

Case brief

What is this about?

What did the court decide?

Karan Singh Kabire v. Chhattisgarh State Civil Supplies Corporation Ltd. And Anr.

Case brief

What is this about?

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What the court decided

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