Smt. Ammanabrolu Nagmani vs State Of Chhattisgarh
2022 Latest Caselaw 2418 Chatt

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                                                                          N/AFR
             HIGH COURT OF CHHATTISGARH AT BILASPUR
              WRIT PETITION (SERVICE) NO. 2594 OF 2022

     Smt. Ammanabrolu Nagmani, D/o A. Balgoureayya, aged about 36
years, posted as Constable (M) at 2nd Battalion, Sakri, Bilaspur, District
Bilaspur (C.G.)
                                                                  ... Petitioner
                                    Versus
1.    State of Chhattisgarh, through Secretary, Finance Department,
Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur (C.G.)
2.    Secretary, Department of Home, Mahanadi Bhawan, Mantralaya,
New Raipur, District Raipur (C.G.)
3.    The Director General of Police, Police Head Quarters, Atal Nagar,
Raipur, District Raipur (C.G.)
4.    Commandant, 2nd Battalion, Chhattisgarh Armed Force, Sakri,
Bilaspur, District Bilaspur (C.G.)
5.    The Joint Director (Treasury, Accounts & Pension) Bilaspur Division,
Bilaspur (C.G.)
                                                               ... Respondents

For Petitioner : Mr. Shailesh Puriya, Advocate For Respondents : Mr. Ravi Bhagat, Dy. Govt. Adv.

Hon'ble Shri Justice P. Sam Koshy Order on Board (12/04/2022)

1. Grievance of the Petitioner in the present Writ Petition is that the

Petitioner is working as a Constable (M) under the Respondents is being

denied the grant of pay fixation which has been granted to other similarly

placed persons but who were not in Ministerial cadre.

2. Learned Counsel for Petitioner 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.4563/2006 [Abdul

Nawab Khan & Others v. State of Chhattisgarh & Others], decided on

7.5.2009. The Judgment passed by this Court in the aforesaid Writ Petition

has been affirmed even up to the stage of Supreme Court. Subsequently,

another batch of Petitioners filed a writ petition i.e., Writ Petition No. 4523/

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 Petitioner therefore prays that the Respondents may further be

directed to consider the case of the present Petitioner also in similar line.

3. Learned Deputy Government Advocate appearing 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, subject to verification, if the Petitioner is found eligible, the

relief as sought for may be released to her forthwith and if the Respondents

find that the Petitioner is not entitled then she may be suitably intimated in

this regard giving reasons for her non-entitlement.

6. Let this exercise be done by the Respondents within a period of 90

days from the date of the Petitioner presenting the certified copy of this

Order before the Respondent authorities.

7. With the aforesaid, the Writ Petition stands disposed of.

Sd/-

(P. Sam Koshy) Judge /sharad/