1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 782 of 2025 1 - Bisen Kumar Verma S/o Shri Paras Ram Verma Aged About 34 Years R/o Qtr. No. 155, Village Somni, Bhilai-3, Ward No. 38, Nagar Nigam Charoda, Post Pahandor, Police Station Bhilai-03, District Durg (C.G.). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Cooperative Society, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Police Station Rakhi, District Raipur (C.G.). 2 - The Registrar, Cooperative Societies, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.). 3 - The Chief Executive Officer, Zila Sahkari Kendriya Bank Maryadit, G.E. Road, Rajnandgaon, District Rajnandgaon (C.G.). 4 - The Branch Manager, Zila Sahkari Kendriya Bank Maryadit, Branch Ghumka, Rajnandgaon District Rajnandgaon (C.G.). ... Respondent(s) (Cause Title is taken from CIS System) For Petitioner : Mr. Dashrath Kushwaha, Advcoate. For Respondent(s)/State : Mr. Suyashdhar Badgaiya, Dy. G.A. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 28/01/2025 1. By way of this petition, the petitioner has prayed for following VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 reliefs:- “10.1 That, this Hon'ble Court, may kindly call for the entire record in relates to the case of the petitioner. 10.2 That, this Hon'ble Court, may kindly be pleased to direct the Respondent authorities to decide the representation dated 02.01.2025 (Annexure P-1) within stipulated period, in the interest of justice. 10.3 That, any other relief, this Hon'ble Court, deem fit and proper may also kindly be granted to the petitioner, in the interest of justice.” 2. Brief facts of the case, is that, the petitioner, through the instant petition is not challenging any particular order, but is challenging the arbitrary action on the part of the respondents, whereby the respondent authorities are not granting the benefits of pay protection to the petitioner despite of the Finance Instruction No. 41/2018 dated 03.08.2018 (Annexure-P/1), wherein the period of previous services of the Govt, employee will be counted for the purpose of grant of pay protection in case of Technical Resignation. The petitioner has joined his present services on the post of Lecturer after giving technical resignation and which was duly accepted by the competent authority and therefore, the petitioner is entitle to get the benefits of pay protection by counting the period of his previous services. The petitioner has made a numbers of efforts and also made a representation to the respondents with a request to grant the benefits of pay protection 3 in view of the Finance Instruction No. 41/2018 dated 03.08.2018 by taking into consideration of his previous services, but no action has been taken despite the repeated request. The petitioner is duly entitled to get the benefits of pay protection in view of the aforesaid instruction, but despite of the clear instruction of the Finance department, same has not been granted to the petitioner till date. It is pertinent to mention here that one of the similar situated person namely Ravikant Sahu has been granted the benefits of pay protection in view of the Finance Instruction No. 41/2018 dated 03.08.2018 by taking into consideration of his previous services. The case of the petitioner is similar to the case of similar situated person namely Ravikant Sahu and, therefore, the petitioner is also entitled to get the same pay protection by counting his previous services in view of the aforesaid instruction. 3. Learned counsel for the petitioner submits that he is seeking pay protection as per circular dated 03.08.2018. He further submits that in the similar matter passed in WPS No. 7277/2024, the matter has been decided and the benefit of pay protection has been granted to the petitioner. 4. It has been objected by learned counsel for the respondent/State stating that, if the petitioner has to seek redressal of any grievances he has to file an application before the competent authority and they will decide the same. 5. Taking into consideration the limited grievance of petitioner, present petition at this juncture is disposed of reserving liberty in 4 favour of the petitioner to make fresh representation before concerned competent respondent authority within a period of 30 days from today and the concerned competent authority is directed to decide such representation of petitioner, preferably within a period of 90 days from the date of receipt of copy of this order. It is expected that the authority concerned will consider the circular dated 03.08.2018 while deciding representation. 6. It is made clear that this Court has not expressed anything on the merits of the case. 7. With the aforesaid observation and direction, the instant petition stands disposed off. Sd/- (Amitendra Kishore Prasad) Judge vishakha