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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD
Subhash Chandra Chouhan S/o Shri Lakhan Lal Chouhan – Appellant
Versus
State Of Chhattisgarh Through Secretary Department Of Panchayat And Rural Development Mantralaya – Respondent
| Table of Content |
|---|
| 1. petitioners seek claim for past service benefits (Para 4 , 9) |
| 2. background on petitioners' past employment (Para 5 , 6 , 7 , 8) |
| 3. arguments for counting past service for benefits (Para 10 , 11 , 12 , 13 , 14) |
| 4. state's argument against petitioners' claims (Para 15 , 18 , 19) |
| 5. legal interpretation of circulars' application (Para 23 , 29) |
| 6. final decision dismissing the writ petitions (Para 30 , 31) |
ORDER :
Amitendra Kishore Prasad, J.
1. Heard Ms. Deepali Pandey, learned counsel for the petitioners. Also heard Mr. Rahul Tamaskar, learned Government Advocate appearing on behalf of the State/respondents No.1 to 3 as well as Ms. Akanksha Jain, learned counsel appearing for respondent No.4.
2. In all the writ petitions, a seminal question for adjudication has been raised. Accordingly, all the writ petitions were clubbed together for hearing and are being disposed of by this common order.
3. For the sake of convenience, WPS No. 5997 of 2023 is treated as the lead case, and for the purpose of adjudication of all the matters, the pleadings filed in WPS No. 5997 of 2023, as well as the return filed by the respondents have been taken into consideration.
4. In WPS No.5997/2023,
Circulars related to pay scales and arrears apply prospectively, and past service benefits are not transferable post-departure from the department.
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