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2025 DAILYLAW 19203 (CHH)

STATE OF CHHATTISGARH v. DR. (MRS.) SHIPRA BANERJEE

MCC/455/2025 · 2025-05-06

Shri Amitendra Kishore Prasad

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1 2025:CGHC:20945 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 455 of 2025 1 - State Of Chhattisgarh Through- Secretary To The Government Of Chhattisgarh, Secretariat, Department Of Higher Education, Mahanadi Mantralaya, Atal Nagar, Naya Raipur, District- Raipur, Chhattisgarh (Respondent No.1). 2 - The Principal Secretary To The Government Of Chhattisgarh Department Of General Administration, Secretariat, Mahanadi Mantralaya, Naya Raipur, District- Raipur, Chhattisgarh (Respondent No.2). 3 - The Principal Secretary To The Government Of Chhattisgarh Department Of Finance, Secretariat, Mahanadi Mantralaya, Naya Raipur, District- Raipur, Chhattisgarh (Respondent No.3). 4 - The Commissioner Department Of Higher Education, Government Of Chhattisgarh, Block-3, Indrawati Bhavan, Naya Raipur, District- Raipur, Chhattisgarh (Respondent No.4). ... Applicant(s) versus Digitally signed by RAGHVENDRA JAT 2 1 - Dr. (Mrs.) Shipra Banerjee W/o Shri Ashok Banerjee Aged About 58 Years Occupation, Service Assistant Professor In Govt. D.B. Girls Pg College, Raipur, R/o I-13, Anupam Nagar, Raipur, Chhattisgarh (Petitioner). 2 - Dr. (Mrs.) Mona Jain W/o Mr. Anil Jain Aged About 57 Years Occupation- Service, Assistant Professor In J.Y. Chhattisgarh College, Raipur, R/o C-253 Guruteg Bahadur Nagar, Raipur, Chhattisgarh. 3 - Dr. (Mrs.) Aruna Sharma W/o Dr. Ashok Sharma Aged About 60 Years Occupation Service, Assistant Professor In J.Y. Chhattisgarh College, Raipur, R/o A-1, L-1, Rohinipuram Nagar, Raipur Chhattisgarh. 4 - Dr. (Mrs.) Rajani Yadu W/o Dr. Ramanand Yadu Aged About 60 Years Occupation- Service, Assistant Professor In J.Y. Chhattisgarh College, Raipur, R/o 30/219, Brahman Para, Raipur Chhattisgarh. 5 - Dr. (Mrs.) Alka Verma W/o Shri Chandrashekhar Verma Aged About 56 Years Occupation- Service, Assistant Professor In Govt. D.B. Girls Pg College, Raipur, R/o 54/1031 Shanti Vihar Colony Danganiya, Raipur Chhattisgarh. 6 - Dr. (Mrs.) Krishna Chatterjee W/o Mr. Amit Kumar Chatterjee Aged About 64 Years Occupation- Service, Assistant Professor In V.Y.T. Pg Autonomous College, Durg, R/o Block No. 20 Plot No. 3 Nehru Nagar (East), Bhilai, Durg Chhattisgarh. 7 - Dr. M.S. Verma S/o Mr. B.S. Verma Aged About 63 Years Occupation- Service, Assistant Professor In Govt. Naveen College Chirco, Mahasamund, R/o Mig Senior, House No. 33, Housing Board Colony, Mchewa, Mahasamund Chhattisgarh. 8 - Dr. Umesh Prasad Sharma S/o Shyam Deo Singh Aged About 63 Years Occupation Service, Assistant Professor In Govt. R.M.D. Girls Pg College Ambikapur, Surguja R/o. Behind Tiwari Building Kedarpur, Ambikapur Chhattisgarh. 3 9 - Dr. (Mrs.) Priti Bala Taunk Mr. Pradeep Taunk Aged About 59 Years Occupation- Service, Assistant Professor In Govt. Digvijay Pg Autonomous College, Rajnandgaon, R/o Behind Mundra Kunj, Ge Road Rajnandgaon Chhattisgarh. 10 - Dr. Suresh Babu S/o Mr. D.H. Rao Aged About 62 Years Occupation- Service, Assistant Professor In Govt. Naveen College, Konta, R/o Govt. Naveen College, Konta Sukma. 11 - Dr. (Mrs.) Sushma Tiwari W/o Mr. Y.K. Tiwari Aged About 64 Years Occupation- Service, Assistant Professor In Govt. Kamladevi Rathi Mahila Mahavidyalaya Rajnandgaon, Rajnandgaon, R/o Behind Adiwasi Hostel Kaurin Bhanta, Rajnandgaon Chhattisgarh. 12 - Dr. (Mrs.) Vandana Kumar W/o Shri Sanjay Kumar Aged About 59 Years Occupation- Service, Assistant Professor In Government New College, Gudhiyari, Tehsil And District Raipur, Chhattisgarh, R/o L/q- 17, Science College Awasiya Parisar, In Front Of Shiv Mandir, Tehsil And District Raipur, Chhattisgarh ... Non Applicant(s) For Applicant(s) : Ms. Upasana Mehta, Dy. G.A. For Non-Applicant(s) : Mr. Pranjal Agrawal, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 07/05/2025 1. This MCC is filed seeking extension of time as granted by this Court in its order dated 13.02.2025 passed in WPS No. 3811/2024, “directing respondents therein to examine the case of the individual petitioners after adding their past service appointed on emergency basis for the purpose of conferral of monetary 4 benefits including senior grade pay scale, selection grade pay scale and benefit of pay band IV by taking into account the services rendered by them as emergency appointees and if the petitioners fulfill all the requisite conditions which are required for the purpose of conferral of monetary benefits as claimed by the petitioners then the petitioners are also entitled for the monetary benefits as claimed by them as per the policy/circular issued by the State Government as well as by the University Grants Commission from time to time and the said benefits shall be payable to the petitioners within four months from the date of receipt of a copy of this order. It is made clear that adding of past services shall be considered for grant of the monetary benefits as claimed by the petitioners and pension only. It will not be counted for grant of seniority. It is made clear that this Court has not expressed anything on the merit of case of any individual petitioners regarding their entitlement to get the aforesaid monetary benefits. This Court has only examined whether the past services of the petitioners on emergency basis is required to be added or not for grant of the aforesaid monetary benefits. It is further directed that after adding the past service, if the petitioners are found eligible for grant of the aforesaid monetary benefits, the difference of arrears be paid to them within a further period of two months from the date of taking final decision over 5 grant of the monetary benefits.” 2. Learned counsel for the applicant herein submits that the State Government prefers SLP before the Hon'ble Supreme Court in a similar matter that arises out of the same cause of action in Diary No. 28612/2024 has already been dismissed on 19.11.2024. Furthermore, the matter was put before the Cabinet for consideration, but the Cabinet has decided to prefer a curative petition before the Hon'ble Supreme Court. Therefore, the final verdict of the Hon'ble Supreme Court and compliance with the order of this Hon'ble Court may kindly be extended 180 days time in this regard, in the interest of justice. 3. Learned counsel for non-applicants herein opposes submission made by learned counsel for applicants herein and would submit that considering nature of dispute, this Court has already granted sufficient time. 4. Taking into consideration submission made by learned counsel for respective parties, this MCC is allowed. 5. Further four months time, from today, is granted to comply with the direction issued by this Court in WPS No. 3811/2024 in its order dated 13.02.2025. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat