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Manoj Kumar Sharma v. State Of Chhattisgarh
Factual and Procedural Background
The petitioner, Manoj Kumar Sharma, employed as a Lecturer Panchayat in a Government Higher Secondary School in Raipur, filed this writ petition challenging the impugned order and action based on a circular dated 23.04.2016. The petition seeks entitlement to the benefit of a revised pay scale on completion of eight years of service, including service rendered on a lower or the same post. The matter proceeded before the High Court of Chhattisgarh, Bilaspur Bench.
Legal Issues Presented
- Whether the petitioner is entitled to the benefit of the revised pay scale on completion of eight years of service by including service rendered on a lower or the same post, despite the circular dated 23.04.2016 which was the basis for the impugned action?
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| Mukesh Kumar Patel and another Vs. State of Chhattisgarh and another (WPS No. 2530 of 2017) | Quashing of circular dated 23.04.2016 and entitlement to revised pay scale benefit on completion of eight years service including service on lower or same post. | The court relied on this precedent to quash the impugned circular and to direct that the petitioner be granted the benefit of the revised pay scale accordingly. |
Court's Reasoning and Analysis
The court noted that the issue raised in the present petition was squarely covered by its earlier order dated 28.11.2017 in WPS No. 2530 of 2017 and related batch petitions. In those cases, the circular dated 23.04.2016 was quashed, and it was declared that petitioners are entitled to the benefit of the revised pay scale upon completion of eight years of service, including service rendered on a lower or the same post. Since the impugned order and action in the present case were based on the same circular, the court found it appropriate to allow the petition and direct the same relief in favor of the petitioner.
Holding and Implications
DISPOSED OF
The court allowed the petition and directed that the petitioner shall be entitled to the benefit of the revised pay scale on completion of eight years of service by including service rendered on a lower or the same post. This decision directly affects the parties by granting the petitioner the claimed pay scale benefit. No new precedent was established beyond reaffirming the earlier ruling in WPS No. 2530 of 2017.
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2281 of 2018 Manoj Kumar Sharma S/o Shri Shivram Sharma, Aged About 47 Years Working As Lecturer Panchayat, Govt. Higher Secondary School, Chhachhan Parry, Block Abhanpur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Petitioner Versus
1. State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Naya Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2. Commissioner Cum Director, Directorate Of Panchayat, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
3. Chief Executive Officer, Jila Panchayat Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondents
------------------------------------------------------------------------------------------- For Petitioner : Mr. Harish Khuntiya, Advocate. For State : Mr. Majid Ali, Dy. GA
----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order on Board 14/03/2018
1. Learned counsel for the parties would submit that the issue raised in this petition is squarely covered by order dated 28.11.2017 passed by this Court in WPS No. 2530 of 2017 (Mukesh Kumar Patel and another Vs. State of Chhattisgarh and another) and batch of petitions wherein the circular dated 23.04.2016 has been quashed, petitions allowed and it has been declared that the petitioners therein shall be entitled to obtain the benefit of revised pay-scale on completion of 8 years service by including the services rendered by them on a lower post or on the same post.
2. In view of the aforesaid submission and the impugned order and action is based on circular dated 23.04.2016 which has been quashed in the case referred to herein above, the petition also deserves to be allowed with the direction that the petitioner shall be entitled to obtain the benefit of revised pay-scale on completion of 8 years service by including the services rendered by him on a lower post or on the same post.
3. No order as to costs. Sd/- (Manindra Mohan Shrivastava) Judge Rohit
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