High CourtsSingle Bench(2018) 09 CHH CK 0352

R.S. Mishra And Ors vs State Of Madhya Pradesh And Ors

Chhattisgarh High Court · Decided on 25 September 2018

HON’BLE JUDGES
P. Sam Koshy, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 6596 Of 2005

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Judgment

24 paragraphs · 480 words

P. Sam Koshy, J

1.

The present dispute was originally raised by the petitioner before the State Administrative Tribunal way back in the year 1998. Subsequent to the

closure of the Tribunal, the present writ petition has reached this Court on transfer being registered as W.P. No. 6596/2005.

2.

The relief which has been sought for by the petitioner in the present writ petition is reproduced herein under:

i. The Hon'ble Court may be pleased to direct the respondents to remove the anomaly in pay scale of the petitioners by bringing the same at part with

the pay scale of their counter parts working in other government departments such as Excise Inspectors and A.D.I.S. and to pay them the arrears of

salary and other allowances on that basis. ii. The Hon'ble Court may also be pleased to direct the respondents to extend the benefit of grant of

selection/super time scale on completion of specified period of service to the petitioners also.

iii. The Hon'ble Court may also be pleased to direct the respondents to provide suitable avenues of promotions for the petitioners.

iv. The Hon'ble Court may also be pleased to direct the respondents to afford an opportunity to the petitioners for appointment on other Class-II

gazetted posts such as Chief Executive Officer of Janpad Panchayat, Project Officer, I.C.D.S., Asstt. Additional Development Commissioners having

due regard to their qualification experience and suitability for the said post etc.

3.

On perusal of record it appears that perhaps pending the dispute before this Court practically every petitioner has crossed the age of

superannuation, if not, only 1 or 2 years of service may be left for a few of them who have not reached the age of superannuation till now.

4.

So far as relief(s) no. 1, 3 & 4 are concerned, in the given factual scenario of the case, this Court is of the opinion that the said relief by efflux of

time has become redundant.

5.

The only relief which may survive now would be relief no.2 whereby the prayer has been made for granting the benefit of selection/super time

scale on completion of specified period of service by the petitioners.

6.

Let the petitioner approach the respondent no.1 in the State of Chhattisgarh for grant of relief no.2, i.e., the relief for the benefit of selection/super

time scale on completion of the specified length of service, by making an appropriate representation in this regard giving specific details so far as their

entitlement is concerned and on such representation being made by the petitioners, the respondent authorities shall consider the same in accordance

with the rules and regulations governing the field so far as the grant of selection/super time scale to the petitioners are concerned.

7.

Needless to mention that if it has already been redressed, no further action may be taken.

8.

The writ petition stands disposed of accordingly.