Extracted from the PDF above. The PDF is authoritative.
-1- NAFR
2025:CGHC:905
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4411 of 2018 Kailash Singh Sengar S/o Shri Jangbahadur Singh, Aged About 50 Years Working As Lab Attendant, Govt. Higher Secondary School, Kanjiya, Block Bharatpur, District Koriya Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh. ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary, Education Department, Mantralaya, Mahanadi
Bhawan,
New
Raipur,
District
Raipur
Chhattisgarh. 2- District Education Officer, Koriya, District Koriya Chhattisgarh. 3- Assistant Commissioner, Tribal Welfare Department, Koriya, District Koriya Chhattisgarh. 4- Principal, Govt. Higher Secondary School, Kanjiya, District Koriya Chhattisgarh. 5- Joint Director, Account Treasury And Pension, Ambikapur, District Surguja Chhattisgarh.
... Respondent(s) (Cause Title is taken from Case Information System) For Petitioner : Mr. C. Jayant K. Rao, Advocate For State : Mr. Lav Sharma, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey
Order on Board 07.01.2025 1) The petitioner has filed this petition seeking the following relief(s):- Digitally signed by NADIM MOHLE
-2-
“10.1. That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to provide the benefit of revised pay fixation and time bound pay scale to the petitioner in- compliance to the letter dated 09.10.2017 issued by respondent No.3.
10.2. That, this Hon’ble Court may kindly be pleased to grant any other relief as it may deems fit and appropriate.” 2) Learned counsel appearing for the petitioner submits that the petitioner was appointed to the post of Lab Attendant as a daily-rated employee with effect from 23.02.1994. Later on, his services were regularized pursuant to an order passed by the learned State Administrative Tribunal with effect from 09.09.2008. He further submits that the Tribal Development Department was merged into the School Education Department in 2015, but the School Education Department has not extended the benefit of revised pay fixation and time-bound pay scale despite repeated requests. He also contends that earlier writ petition (WPS No. 1076 of 2017) was filed, and a direction was issued to the respondent authorities to consider the claim of the petitioner. He further submits that pursuant to the
order passed in that petition, the claim of the petitioner was forwarded to the District Education Officer (for short, DEO), Koriya, for necessary action vide memos dated 20.04.2017 and 09.10.2017. However, no decision has been taken till date. He prays that a direction may be issued to the DEO, Koriya to take an appropriate decision in this regard. 3) On the other hand, Mr. Lav Kumar Sharma, learned Panel Lawyer appearing for the State submits that an appropriate decision will be taken by the respondent
-3- authorities. 4) I have heard the learned counsel for the parties and perused the documents. 5) Considering the fact that the claim of the petitioner with regard to the extension of benefits of revised pay fixation and time-bound pay scale has already been forwarded to the DEO, Koriya by the Assistant Commissioner, Tribal Development, Koriya, vide memos dated 20.04.2017 and 09.10.2017, but no decision has been taken till date, therefore, at this juncture, the present petition is disposed of with a direction to the District Education Officer, Koriya to decide the matter of the petitioner preferably within a period of 60 days from the date of receipt of a copy of this order. 6) The bifurcation of District Koriya shall not affect the rights of the petitioner. If it is found that the petitioner is not posted in District Koriya, the concerned authorities are directed to forward the claim of the petitioner to the appropriate District Education Officer. 7) With the aforesaid observation(s) and direction(s), the instant petition is hereby
disposed of. Sd/- (Rakesh Mohan Pandey) Judge Nadim