Chattisgarh High Court
Smt. Yogita Dewangan vs The State Of Chhattisgarh on 29 September, 2021
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NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
Writ Petition (S) No. 5263 of 2021
1. Smt. Yogita Dewangan W/o Shri Pooranlal Dewangan Aged About 33
Years R/o Wireless Colony, G 4/13, Pension Baada Police Line, Raipur,
Occupation Assistant Sub. Inspector (M) At Present Posted Police Head
Quarter, Naya Raipur, Chhattisgarh.
2. Shri Sanjay Ramteke S/o Shri Govardhan Ramteke Aged About 41 Years
R/o Basantpur, Ward No. 39, Budhnagar, Near Boudh Vihar, Rajnandgaon,
Chhattisgarh Occupation Assistant Sub Inspector (M) At Present Posted
Office of Superintendent of Police Baloda Bazar Bhatapara, District Baloda
Bazar, Chhattisgarh.
---Petitioner(s)
Versus
1. The State of Chhattisgarh Through The Secretary, Home Affairs, Police
Department, Mahanadi Bhawan, Mantralaya Atal Nagar District Nawa
Raipur, Chhattisgarh, District : Raipur, Chhattisgarh
2. The State Of Chhattisgarh, Through The Secretary, Finance, Department,
Mahanadi Bhawan, Mantralaya Atal Nagar, District Raipur, Chhattisgarh
3. The Director General Of Police, Head Quarter, Atal Nagar District Raipur,
Chhattisgarh, District : Raipur, Chhattisgarh
4. The Office Of Superintendent Of Police, Balouda Bazar Bhatapara, District
Baloda Bazar Bhatapara, Chhattisgarh.
---Respondents
For Petitioners : Shri Rajesh Roshan Singh, Advocate.
For State : Shri Suyash Dhar, Panel Lawyer.
Hon'ble Shri Justice P. Sam Koshy
Order on Board
29.09.2021 .
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)
Judge
inder
