Chattisgarh High Court
Dinesh Singh Negi vs State Of Chhattisgarh on 17 August, 2021
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 4313 of 2021
1. Dinesh Singh Negi S/o Late Shri Virendra Singh Negi Aged About 42
Years Occupation - Assistant Sub Inspector (M), Presently Working
Under The Office Of 1st B.N. Chhattisgarh Arm Force, Bhilai, District
Durg Chhattisgarh
2. Surendra Singh Bisht S/o Late Shri Chanchal Singh Bisht Aged About
29 Years Occupation - Constable (M), Presently Working Under The
Office Of 1st B.N. Chhattisgarh Arms Force, Bhilai, District Durg
Chhattisgarh.
3. Preeti Singh Aadil D/o Shri Dhirpal Singh Aadil Aged About 26 Years
Occupation Head Constable (M), Presently Working Under The Office
Of 1st B.N. Chhattisgarh Arm Force, Bhilai, District Durg Chhattisgarh.
4. Yashoda Bai Yadav W/o Late Shri Ishwar Lal Yadav Aged About 47
Years Occupation Constable (M), Presently Working Under The Office
Of Superintendent Of Police District Baloda Bazar Attached With
Under The Office Of 1st B.N. Chhattisgarh Arms Force, Bhilai, District
Durg Chhattisgarh.
---- Petitioners
Versus
1. State Of Chhattisgarh Through The Secretary, Home Affairs, Police
Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur,
District Raipur Chhattisgarh.
2. The Secretary Finance Department, Mahanadi Bhawan Mantralaya,
Atal Nagar, Raipur, District Raipur Chhattisgarh
3. The Director General Of Police Police Head Quarters, Atal Nagar,
Raipur, District Raipur Chhattisgarh.
----Respondents
For Petitioners : Ms. Pragya Pandey, Advocate
For State : Ms. Sunita Jain, G.A.
Hon'ble Shri Justice P. Sam Koshy
Order on Board
17/08/2021
1. Grievance of the Petitioners is that, the Petitioners working as
Assistant Sub Inspector (M)/Head Constable(M)/ Constable (M) and
posted at Durg under the Respondents are being denied the grant of
ad-hoc pay increase, which has been granted to other similarly placed
persons, but who were not in Ministerial cadre.
2. Counsel for the Petitioners submits that the grievance involved in the
present writ petition has already been adjudicated upon in favour of
the other similarly placed persons in Writ Petition (S) No. 4563 of 2006
[Abdul Nawab Khan & Others v. The State of Chhattisgarh & Others],
decided on 7.5.2009. The judgment passed by this Court in Writ
Petition (S) No. 4563 of 2006 has been affirmed even up till the stage
of Supreme Court. Subsequently, another batch of petitioners filed a
writ petition i.e., Writ Petition No. 4523 of 2014 [Francis Xavier Back &
Others v. State of Chhattisgarh & Others], and the said writ petition
also got disposed on 3.7.2015, granting the benefit which has been
extended to the other similarly placed persons in the light of the
decision rendered in the case of Abdul Nawab Khan (supra). Counsel
for the Petitioners therefore prays that the Respondents may further
be directed to consider the case of the Petitioners also in similar line.
3. Counsel for the State does not oppose the same.
4. Accordingly, the present writ petition is also disposed of in similar line
as in the case of Francis Xavier Back & Others v. State of
Chhattisgarh, decided on 3.7.2015 in Writ Petition (S) No. 4523 of
2014.
5. In case, if the Petitioners are found eligible, the relief as sought for
may be released to them forthwith and if Respondents find that the
Petitioners are not entitled, they may be suitably intimated in this
regard giving reasons for their not entitlement.
6. Let this exercise be done within a period of 90 days from the date of
the Petitioners presenting the certified copy of this order before the
respondent authorities.
7. With the aforesaid directions, the writ petition finally stands disposed
of.
Sd/-
(P. Sam Koshy)
Judge
Ved
