IN THE HIGH COURT OF (C PETITIONERS Juel Kujur Aged about 44 years S/O Late Shri Remis Kujur Observation Home, Mana Camp, Raipur (Chhattisgarh) VERSUS State of Chhattisgarh Through its Secretary, Department of Panchayat and Samaj Seva D.K.S. Bhawan, Mantralaya, Raipur (Chhattisgarh) 2. The Director Directorate of Panchayat_and Samaj Seva, Raipur (Chhattisgarh) / // PETITION UNDER CNSTITUTION OF INDIA ARTICLE JUDICATURE AT BILASPUR .G.) Gurucharan Marko Aged about 47 years S/O Shri Heerasingh Marko, R/o Observation Home, Sarkanda, Bilaspur (Chhattisgarh) 226/227” OF THE FOR ISSUANCE OF M a? W WT. No...... gZg /2oo4/ APPROPRIATE .____________________________________________. WRITS TO MANDAMUS AND CERTIORARI AND Jyé? FOR OTHER SUITABLE WRITS AND DIRECTIONS:- ._______.____________________________. / O ‘ Shri Jitendra PaH, counsel for the petitioners. Shri N. N4 Roy, Panel Lawyer orthe Statelrespondents. Heard. ' Theugh, this petition was ad itted for hearing 0n 214342004 and is pending since then, time was gran ed to the respondents to fiie repry on more than one occasion, but no r piy hasbeen tiled tiii date. Learned counsel for the respondents pray d that he may be granted one iaet opportunity to tile repiy, However, taking into consid ation the nature of controversy raised ’ by the petitioners before this Court, particularly the claim of the petitioners that the issue invoived in this petiti n has already been decided and finally affirmed by the Supreme Court, l not inclined to grant further time, but to finally disposed off the matter. Case of the petitioners is t at the action of the department in the matter of grant of pay scale to pro oted Superintendents and the directly recruited Superintendent is discri inatory and different pay scales have been made appliCable. lt is subm' ed that pay scale of direct recruitees is Rs2200—4ODOI- has been made ilable, whereas in case of promoted officers, pay scale of Rs.2GCO-35D - has been made available. lt is submitted that this disc imination is arbitrary and in vioiation of Article 14 of the Constitution of ln ia, lt is further submitted that this issue came up for consideration befo the State Administrative Tribunal in O,A.No.688 of 1992 (Nandkumar harma vs. State of MP. and Others) filed by one Nand Kumar Shar a working as Superintendent in the department, in which the petitione are working. The Tribunal held that the a a r mwE ammm I mesam i , . mmmawm I i , , , . ‘ t. H .. x; i SB : Hon’ble Shn Manmdra Mohan Shnvastava, J. 22-06-2011 «Q WWW*..}W.1 E200 mm (Wu) mmmam L ‘ m;am—.1 : $a“m mag‘am m ciassification in the matter of paymewt of pay scale to directty recruited Superintendent and promoted Superintendent is viotative of Articte 14 of the Constitution of India. The order passed by the Tribunai was taken to LEdoreme'VOoUrt‘taizid the Supreme Court vide its order dated 28-10-1993 (Annexure"P;6)' dismissed the Special Leave Petition hoiding that the view taken b‘y the T‘nbunal is supportable on the ground of Artiste t4 of the Cbnstitution’of india. ”‘i Shave gone through the contents of the petition and the order passed by the Tribunal. The ciaim of the petitioners for grant of stmiiar treatment and grant of pay scale Rs.g200—4000I- does not appear to be frivotous. The'respondent is therefore ‘bliged under the law to consider the ciaim of the petitioners as per the judg eht of the TribuhaL which has been affirmed by the Supreme Court. The p titioners have made representation, which faiied to evoke any response, hereaiter this writ petition was med. However, neither any reply has been led nor claim of the petitioners have been considered by the respondent a hority. ln View of the aforesaid fac and circumstances, it would be expedient in the interest of justice to i sue direction to the respondents to consider the claim of the petitioners fo grant of appropriate pay scale from the due date in the light of the order assed by the Tribunal in the case of Nand Kumar Sharma (supra). lf ' is found that the petitioners are identically situated, the benefit of re ular payscale from due date shall also be extended to the petitioners. With the aforesaid direction, th petition is finally disposed off. e Sdl- Manindra Mohan Shrivastava ll / i :, - .,, Juglge ,i ,, \ i r 'r :‘ z ‘ I