CHH HCN/A
BASANT KUMAR XALXO - Appellantv.STATE OF CHHATTISGARH - Respondent
CHHATTISGARH HIGH COURT·13 Jul 2018·( Sharad Kumar Gupta, J. )
Case No.
Decided On
Judges
Bench
Advocates
Citation
Statutes
Result
Writ PetitionService MatterPay ScaleShiksha KarmiNOCRevised Pay ScaleEarlier Service
Claim for inclusion of prior service for revised pay scale without No Objection Certificate (NOC).
The petitioner is entitled to the benefit of a revised pay scale upon completing 8 years of service, including prior service on a lower or same post, based on precedents established by the Court.
1.JUDGMENT/ORDER
2.Sharad Kumar Gupta, J. - Heard counsel for the parties.
3.Petitioner has preferred this writ petition praying for a direction to the respondents to consider and count his earlier service for grant of revised pay scale without insisting upon NOC.
4.The petitioner was appointed as Shiksha Karmi, Grade-3 by Janpad Panchayat, Jashpur on 22.07.1998 and later on he was appointed as Shiksha Karmi Grade-01 on 25.06.2009 by the Zila Panchayat, Jashpur. The respondents are not considering his earlier service for revised pay scale for want of NOC from earlier Panchayat.
5.Counsel for both the parties submit that the matter is squarely covered by the orders of this Court dated 28-11-2017 passed in WPS No. 2530/2017 (Mukesh Kumar Patel and anr. -v- State of Chhattisgarh and Another) and order dated 26.06.2018 passed in WPS No. 4138/2018 (Smt. Rashmi Singh Raj -v- State of Chhattisgarh and Another).
6.In view of above submission and the aforesaid orders passed by this Court, the present writ petition is also allowed with the direction that the petitioner is entitled to obtain the benefit of revised pay scale on completion of 8 years service by including the services rendered by him earlier on a lower post or on the same post.
7.Final Result : Allowed
WPS No. 2530/2017 (Mukesh Kumar Patel and anr. -v- State of Chhattisgarh and Another), WPS No. 4138/2018 (Smt. Rashmi Singh Raj -v- State of Chhattisgarh and Another)