Citation : 2022 Latest Caselaw 1504 Chatt
Judgement Date : 23 March, 2022
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 1882 of 2022
Smt. Sati Bai Sahu Wd/o Shri Bhupendra Kumar Sahu Aged About
35 Years Occupation Constable (M) Under The Office Of
Superintendent Of Police, Balod Superintendent Of Police, Balod
District Chhattisgarh. ---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Home Affairs, Police
Department, Mahanadi Bhawan, New Mantralaya, Atal Nagar District
Raipur Chhattisgarh.
2. The Secretary, Finance, Mahanadi Bhawan, Mahanadi Bhawan, New
Mantralaya, Atal Nagar District Raipur Chhattisgarh.
3. The Director General Of Police, Police Head Quarters, Atal Nagar
District Raipur Chhattisgarh.
4. The Superintendent Of Police Balod District Balod Chhattisgarh.
---- Respondents
For Petitioner/s : Ms. Varsha Sharma, Advocate For Respondent/State : Ms. Sunita Jain, PL
Hon'ble Shri Justice P. Sam Koshy Order On Board 23/03/2022
1. Grievance of the petitioner is that, the petitioner working as
Constable (M) under the respondents is 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 petitioner submits that the grievance involved in
the present writ petition has already been adjudicated upon in favour
of the other similarly placed persons vide Writ Petition (S) No. 4563 of
2006 [Abdul Nawab Khan & Others Vs. The State of Chhattisgarh & 2
Others], decided on 07.05.2009. 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 Petitioner
filed a writ Petition i.e. Writ Petition No. 4523 of 2014 [Francis Xavier Back & Others Vs. State of Chhattisgarh & Others], and the said writ
petition also got disposed on 03.07.2015, 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 Petitioner therefore prays that the respondents may
further be directed to consider the case of the petitioner 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 Vs. State of
Chhattisgarh, decided on 03.07.2015 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
respondents find that the petitioner is not entitled, she may be suitably
intimated in this regard giving reasons for her non entitlement.
6. Let this exercise be done within a period of 90 days from the
date of the petitioner presenting the certified copy of this order before
the respondents authorities.
7. With the aforesaid direction, the writ petition finally stands
disposed of.
Sd/-
(P. Sam Koshy)
Judge
Pawan
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