Mamta Gupta Vs State of Chhattisgarh

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2024:CGHC:37313

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 5887 of 2024

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1 - Mamta Gupta W/o Shri Amit Gupta, Aged About 47 Years Initially Appointed Shiksha Karmi Class-3 At Prathmik Shala Temelwada, Konta Dantewada, Presently Working As Teacher At Ucch Prathmik Shala Amaguda, Karpawand, Block Bakawand, Bastar Jagdalpur, R/o Mandi Road Karpawand, Village And Post- Karpawand, Tahsil-Bakawand, District Bastar Jagdalpur (C.G.) Pin 494222, Mb. 9406227979.

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... Petitioner

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versus

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1 - State Of Chhattisgarh Through The Secretary, School Education Department (E And T), Mantralaya Mahanadi Bhawan, Atal Nagar, Naya Raipur, Tahsil Raipur, Civil And Revenue DistrictRaipur (C.G.)

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2 - Secretary, Panchayat And Rural Development Department, Mantralaya Mahanadi Bhawan, Atal Nagar, Naya Raipur, Tahsil Raipur, Civil And Revenue District- Raipur (C.G.)

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3 - Director, Public Education, Directorate Chhattisgarh, Indrawati Bhawan, Atal Nagar, Naya Raipur, Tahsil Raipur, Civil And Revenue District- Raipur (C.G.)

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4 - District Education Officer Bastar, In The Office Of The District Education Officer, Bastar, District-Bastar Jagdalpur (C.G.)

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5 - Block Education Officer Bakawand, Block Bakawand, District- Bastar Jagdalpur (C.G.)

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6 - Chief Executive Officer, Jila Panchayat, Bastar, District- Bastar Jadgalpur (C.G.)

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... Respondents

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For Petitioner : Mr. Vijay K. Deshmukh, Advocate For Respondentspondentsondents : Ms. Akansha Verma Dabhadker, P.L.

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For Respondentspondentsondents

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Hon’ble Shri Justice Sachin Singh Rajput

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Order on Board

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23/09/2024

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This petition has been filed by the petitioner seeking for the following relief(s):-

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10.1 This Hon'ble Court may be pleased to direct the Respondents to produce/summon the entire record pertaining to the petitioner's case.

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10.2 That, this Hon'ble Court may kindly be pleased to direct the concerned authority ie, respondent no. R/4 to R/6 to comply the annexure P/3 and P/6 about the Upgraded Pay Scale for the present petitioner.

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10.3 That, this Hon'ble Court may kindly be pleased to direct the concerned authority ie, respondent no. R/4 to R/6 to give the 1^st Upgraded Pay Scale being completed 10 years service and petitioner being completed 19 years service.

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10.4 That, this Hon'ble Court may kindly be pleased to direct the concerned authority i.e, respondents to give about similar Pay Scale being similar situated employee by calculating the pending Upgraded Pay Scale as per the circulars P/3 dated 02/11/2011, 06/04/2019 (क्रमांक एफ 12-3/2018/20-दो) and 06/04/2019 (क्रमांक/पंचा./शि�क्षा/2019/272) etc. issued by the respondent department.

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10.5 That, this Hon'ble Court may kindly be pleased to direct the concerned authority to pay the total pending amount about the Upgraded Pay Scale with interest in the limited period.

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10.6 That, this Hon'ble Court may kindly be pleased to grant any other relief, as it may deems fit and appropriate.

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Learned counsel for the petitioner submits that the case of the petitioner is covered by the judgment of Division Bench of this Court in case of Smt. Sona Sahu vs. State of

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Chhattisgarh and others in W.A. No.261 of 2023 judgment dated 28.02.2024. He submits that the respondents may be directed to consider the case of the petitioner in light of judgment of Smt. Sona Sahu (supra).

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Learned counsel for the respondents -State submits that if the petitioner make a representation for the grievances, the State authority would decide the same in accordance with law.

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Be that as it may, at this stage this writ petition is disposed of permitting the petitioner to make a representation within a period of 30 days to respondent No. 4 from the date of receipt of copy of this order. On such representation being made, it is expected that

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the respondents No. 4/competent authority shall consider the same in accordance with law considering the circular issued in this regard and also in light of judgment of this Court in W.A. No.261 of 2023 within further period of 120 days from the date of such representation. This Court has not expressed any opinion on merits of this case.

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With this observation, the writ petition stands disposed of.

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Sd/-

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(Sachin Singh Rajput)

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JUDGE

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H.Ansari

Mamta Gupta v. State of Chhattisgarh

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Mamta Gupta v. State of Chhattisgarh

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