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RAJANI DUBEY
Binnu Ram, S/o Late Somen Ram – Appellant
Versus
State of Chhattisgarh, Through Secretary, Department of Public Works, Mahanadi Bhawan, Mantralaya, Naya Raipur, Chhattisgarh – Respondent
ORDER :
Since the issue involved in both these petitions is same, they are heard analogously and are being decided by this common order.
2. In these petitions, the petitioners Binnu Ram and Mukesh Kumar are challenging the order dated 9.4.2018 (Annexure P/8) and the order dated 22.10.2018 (Annexure P/8 colly) whereby their representations for grant of regular pay scale have been rejected.
3. Brief facts of the case, as mentioned in the writ petitions, are that the petitioners were appointed on the post of permanent Gangman Labour (Daily Wager) on compassionate ground against the sanctioned vacant post as per the set up and they are getting the salary of daily wage employee. However, as per the circulars dated 27.2.2007, 6.7.2007 and 12.2.2008 (Annexure P/2) issued by the State Government if any appointment is made on compassionate ground, then it would be under the contingency fund and initial salary is to be paid to such employee on regular pay scale along with dearness allowance, for a period of three years and thereafter regular pay scale shall be paid. But the petitioners are not being paid accordingly whereas the persons who were appointed on compassionate ground are getting sal
The main legal point established in the judgment is that the respondent authorities must comply with the relevant circulars issued by the State Government in granting regular pay scale to employees a....
The legal principle established in the judgment is that the policy prevailing at the time of appointment governs the entitlement to pay scale, and the court may consider similar treatment given by th....
It is also not in dispute that after lifting of the ban, the District Compassionate Committee recommended the appellant's appointment as teacher on compassionate ground and he was appointed against t....
Dependent of medically incapacitated daily-wager entitled to daily-wage compassionate appointment only per policy Clause 2(b); no retrospective regularization, post-change after acceptance, or parity....
Regularization of service is the exclusive domain of the employer, and temporary and casual employees cannot seek regularization. Government orders come into effect from the date of issuance unless s....
Retrospective regularisation of service is not legally tenable unless the employee is part of the regular cadre, adhering to constitutional and statutory rules.
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