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2018 Supreme(Chh) 542
IN THE HIGH COURT OF CHHATTISGARH, BILASPUR
SHARAD KUMAR GUPTA, J.
Indu Singh Kshetriya W/o Abhijeet Singh Thakur - Petitioner
Versus
State of Chhattisgarh Through The Secretary Department of Panchayat and Ors - Respondents
Writ Petition (S) No. 1341 of 2018
Decided on : 09-07-2018
Advocate Appeared:
For the Petitioner:Shri Ishan Verma, Advocate
For the Respondents: Ms. Sunita Jain, Panel Lawyer
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 her earlier service for grant of revised pay scale without requiring NOC from the earlier Panchayat.
Finding of the Court:
The court allowed the writ petition, citing previous orders and directed the petitioner to be entitled to the benefit of revised pay scale on completion of 8 years of service, including her earlier service.
Issues: Consideration of earlier service for revised pay scale without NOC
Ratio Decidendi: The court relied on previous orders and held that the petitioner is entitled to the benefit of revised pay scale without the requirement of NOC for her earlier service.
Final Decision: The court allowed the writ petition and directed the respondents to consider and count the petitioner's earlier service for 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 her earlier service for grant of revised pay scale without insisting upon NOC.
3. The petitioner was initially appointed as Shiksha Karmi, Grade-3 by Janpad Panchyat, Mungeli on 16.09.2008 and later on she was appointed as Shiksha Karmi Grade-02 on 05.01.2011 by the Zila Panchayat, Mungeli. The respondents are not considering her 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 her earlier on a lower post or on the same post.
