Back
2018 Supreme(Chh) 531
IN THE HIGH COURT OF CHHATTISGARH, BILASPUR
SHARAD KUMAR GUPTA, J.
Basant Kumar Xalxo S/o Shri Anand Masih Xalxo - Petitioner
Versus
State Of Chhattisgarh Through The Secretary, Of Panchyayat And Rural Development Department, Mantralaya and Ors. - Respondents
Writ Petition (S) No. 4571 of 2018
Decided On : 13-07-2018
For the Petitioner: Shri Manoj Chouhan
For the Respondents: Shri Dheeraj Wankhede
The main legal point established is that the petitioner is entitled to obtain the benefit of revised pay scale by including the services rendered earlier without the requirement of NOC.
Headnote:
NOC - Service Counting - The court directed the respondents to consider and count the petitioner's earlier service for grant of revised pay scale without insisting upon NOC.
Fact of the Case:
The petitioner sought a direction to consider and count his earlier service for grant of revised pay scale without insisting upon NOC.
Finding of the Court:
The court allowed the writ petition, stating 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.
Issues: The issue was whether the petitioner's earlier service should be considered for the grant of revised pay scale without the requirement of NOC.
Ratio Decidendi: The court relied on previous orders and held that the petitioner's earlier service should be counted for the revised pay scale, aligning with the principles established in previous cases.
Final Decision: The court allowed the writ petition and directed the respondents to consider and count the petitioner's earlier service for the grant of revised pay scale without insisting upon NOC.
1. Heard counsel for the parties.
2. 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.
3. 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.
4. 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).
5. 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.
