Citation : 2022 Latest Caselaw 1530 Chatt
Judgement Date : 24 March, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 1900 of 2022
Smt. Shrilanka Goswami Wd/o Shri Komal Goswami, Aged About 29
Years Occupation Constable (M) Under The Office Of Superintendent Of
Police, Balod District Balod Chhattisgarh, District : Balod, Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Home Affairs, Police
Department, Mahanadi Bhawan, New Mantralaya, Atal Nagar, District
Raipur Chhattisgarh, District : Raipur, Chhattisgarh
2. The Secretary, Finance, Mahanadi Bhawan, New Mantralaya, Atal Nagar,
District Raipur Chhattisgarh, District : Raipur, Chhattisgarh
3. The Director General Of Police, Police Head Quarters, Atal Nagar, District
Raipur Chhattisgarh, District : Raipur, Chhattisgarh
4. The Superintendent Of Police, Balod District Balod Chhattisgarh, District :
Balod, Chhattisgarh
---- Respondents
For Petitioner : Ms. Laxmeen Kashyap, Advocate For State : Mr. Ali Asgar, Deputy A.G.
Hon'ble Mr. Justice P. Sam Koshy Order on Board
24/03/2022
1. Grievance of the Petitioner is that, the Petitioner working as Assistant Sub
Inspector (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 in Writ Petition (S) No. 4563 of 2006 [Abdul
Nawab Khan & Others v. The State of Chhattisgarh & 2 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 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 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 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 respondent
authorities.
7. With the aforesaid directions, the writ petition finally stands disposed of.
Sd/-
(P. Sam Koshy) Judge Ved
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