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IN THE HIGH COURT OF CHHATTISGARH, BILASPUR
SHARAD KUMAR GUPTA, J.
Madhusudan Sahu S/o Dewari Lal Sahu – Petitioner
Versus
State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mantralaya and Ors. - Respondents
WPS No. 4538 of 2018
Decided On : 12-07-2018
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, citing previous court orders.
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 of service by including the services rendered on a lower post or on the same post.
Issues: Consideration of earlier service for grant of revised pay scale without NOC.
Ratio Decidendi: The court relied on previous court orders and directed the respondents to consider and count the petitioner's earlier service for grant of revised pay scale without insisting upon NOC.
Final Decision: The writ petition was allowed, and the petitioner was entitled to obtain the benefit of revised pay scale on completion of 8 years of service by including the services rendered on a lower post or on the same post.
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 appointed as Shiksha Karmi Grade-II on 23/06/2010 and thereafter he was appointed as Shiksha Karmi Grade-I and he appointed on 05/06/2013. 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), order dated 8-1-2018 passed in WPS No. 166/2018 (Peenal Kumar Kurrey vs. State of Chhattisgarh and another) and order dated 19-6-2018 passed in WPS No. 3932 of 2018 (Smt. Indumati Sahu vs. 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 her on a lower post or on the same post.
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