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2025 DAILYLAW 15144 (CHH)

MISS KUMARI UMA NAYAK v. THE STATE OF CHHATTISGARH

WPS/2163/2025 · 2025-04-02

Shri Bibhu Datta Guru

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Judgment text

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1 / 3 2025:CGHC:15382 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2163 of 2025 1 - Miss Kumari Uma Nayak D/o Late Kelendr Prasad Nayak Aged About 35 Years Occupation - ASI (M), Posted At S.P. Office Baster R/o Jagdalpur Chhattisgarh 2 - Miss Maine Tati W/o Late Murli Tati Aged About 35 Years Occupation - ASI (M) Posted At S.P. Office Baster R/o Jagdalpur Chhattisgarh 3 - Mr. Rajiv Kumar Rathiya S/o Late Mansingh Rathiya Aged About 33 Years Occupation - ASI (M) Posted At S.P. Office Rampur, Korba, R/o Korba Chhattisgarh ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through The Additional Chief Secretary Home Affairs, Police Department, Mahanadi Bhawan, Mantralaya Atal Nagar, District Nava Raipur Chhattisgarh 2 - The State Of Chhattisgarh The Secretary, Home Affairs, Police Department, Mahanadi Bhawan, Mantralaya Atal Nagar, District Nava Raipur Raipur Chhattisgarh 3 - The State Of Chhattisgarh Through The Secretary, Finance Department, Mahanadi Bhawan, Mantralya Atal Nagar, District Raipur Chhattisgarh SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.04.02 17:50:44 +0530 2 / 3 4 - The Director General Of Police Head Quarter, Atal Nagar District Raipur Chhattisgarh ... Respondents (Cause title is taken from Case Information System) For Petitioners : Mr. Vivekanand Samaddar, Advocate For Respondents/ State : Mr. Suyashdhar Badgaiya, Dy. Govt. Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 02/04/2025 1. Grievance of Petitioners is that the Petitioners working under the Respondents are being denied the benefit of pay fixation which has been granted to other similarly placed persons but who were not in Ministerial cadre. 2. Learned Counsel for the Petitioners submits that the grievance involved in the present Writ Petition has already been adjudicated upon in favour of the other similarly placed persons in Writ Petition (S) No. 4563 of 2006 [Abdul Nawab Khan & Others v. The State of Chhattisgarh & Others], decided on 7.5.2009. The judgment passed by this Court in Writ Petition (S) No. 4563 of 2006 has been affirmed even up till the stage of the Supreme Court. Subsequently, another batch of Petitioners filed a petition i.e., Writ Petition (S) No. 4523 of 2014 [Francis Xavier Back & Others v. State of Chhattisgarh & Others], and the said Writ Petition also got disposed of on 3.7.2015, granting the benefit which has been extended to the other similarly placed persons in the light of the decision rendered in the case of Abdul Nawab Khan (supra). Learned Counsel for Petitioners, therefore, prays 3 / 3 that the Respondents may further be directed to consider the case of the Petitioners also in similar line. 3. Learned Counsel for the State submits that the matter needs to be verified from the records whether the case of the Petitioners is identical or not and the relief can be extended subject to the Petitioners being identically placed. 4. Accordingly, the present Writ Petition is also disposed of in similar line as in the case of Francis Xavier Back & Others v. State of Chhattisgarh, decided on 3.7.2015 in Writ Petition (S) No. 4523 of 2014. 5. In case, if the Petitioners are found eligible, the relief as sought for may be released to them forthwith and if the Respondents find that the Petitioners are not entitled for the same, then they may be suitably intimated in this regard giving reasons for their non- entitlement. 6. Let this exercise be done within a period of 90 days from the date of the Petitioners presenting the certified copy of this order before the Respondents authorities. 7. With the aforesaid direction, the Writ Petition stands disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar