Chattisgarh High Court
Shri Satish Kumar Nagarchi vs The State Of Chhattisgarh on 15 June, 2021
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WRIT PETITION (SERVICE) NO. 2369 OF 2021
1. Shri Satish Kumar Nagarchi, S/o Shri Madanlal Nagarchi, aged about 39
years, Occupation - Sub Inspector (M) posted at Special Investigation Branch,
Bijapur, R/o Rudri Colony, G.A.D./G.N.-12, Post Rudri, District Dhamtari (CG)
2. Shri Mahendra Kumar Ojha, S/o Ramgopal Ojha, aged about 41 years,
Occupation- Sub Inspector (M), posted at Special Investigation Branch,
Jagdalpur, R/o Police Aawasiya Parisar near F.S.L. office, P.S. Civil Lines,
District Raipur (CG)
3. Shri Umashankar Diwan, S/o Tejram Diwan, aged about 39 years, Occupation-
Assistant Sub Inspector (M), posted at Special Investigation Branch, Jashpur,
R/o Village Gaboud, Post Kushrapali, Tehsil & District Raipur (CG)
... Petitioners
versus
1. State of Chhattisgarh, through the Secretary, Home Affairs, Police Department,
Mahanadi Bhawan, Mantralaya, Atal Nagar, District Nawa Raipur (CG)
2. The State of Chhattisgarh, through the Secretary, Finance Department,
Mahanadi Bhawan, Mantralaya, Atal Nagar, District Nawa Raipur (CG)
3. The Director General of Police, Head Quarter, Atal Nagar, District Raipur (CG)
... Respondents
For Petitioners : Mr. Rajesh Roshan Singh, Advocate.
For Respondents/State : Ms. Akanksha Jain, Dy. G.A.
Hon'ble Shri Justice P. Sam Koshy
Order on Board
15/06/2021
1. Grievance of Petitioners is that the Petitioners working 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. Learned Counsel for 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 the Supreme Court.
Subsequently, another batch of Petitioners filed a petition i.e., Writ Petition (S)
No. 4523 of 2014 [Francis Xavier Back & Others v. State of Chhattisgarh &
Others], and the said Writ Petition also got disposed of 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).
Learned Counsel for Petitioners therefore prays that the Respondents may
further be directed to consider the case of the Petitioners also in similar line.
3. Learned Counsel for the State submits that the matter needs to be
verified from the records whether the case of the Petitioners is identical or not
and the relief can be extended subject to the Petitioners being identically
placed.
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 the Respondents find that the Petitioners
are not entitled for the same then they may be suitably intimated in this regard
giving reasons for their non-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 Respondents
authorities.
7. With the aforesaid observations, the Writ Petition stands disposed of.
Sd/-
(P. Sam Koshy)
sharad
JUDGE
