f AMENDBD WRIT PETITION IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.fS) No.6S»7,Of 2009 PETITIONER RESPONDENTS :1) Jancita Minj, W/o. A.K.Minj, aged 48 years, Working as Head Mistress, Kanya Ashram, Palari, District Raipur (C.G.), R/o. Rajatalab, Raipur (C.G.) Versus State of Chhattisgarh, Through the Secretary, Scheduled Castes and Scheduled Tribal Development Department, Mantralaya, D.K.S Bhawan, Raipur (Chhattisgarh), c,:2) Assistant Tribal Department, Raipur (C.G.) Commissioner, Development Chhattisgarh :3) The then Clerk, Head Clerk, (at the relevant time) through Assistant Commissioner, Raipur (Chhattisgarh) :4) Block lEducation Officer, Gariaband, Sub Division Gariaband, District Raipur (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA 3?n^T^T t^N'^Tj^T 5h^i^ ^ri^^ F |3V ~^c[ ^ii^ttd^. ^nl^^Ko, ^^li^y 3Tlip?T E^.P.CS)I^O, 6^s^/&1 '^ 200 WW'IT ^^lch 'fgR^ST' ^TT^T-^IT^R ^rf^T <=tii<Li(<n^l"t ^nwff ^ ftT^ ^^K ^^^FTvSTT^T SB: Hon'ble Shri Manindra Mohan Shriva»tava.J. 12-05-2011 Shri H.B. Agrawal, senior coi^nsel aiong with Mactam MeeraJ»swal, counsei forthe petitioner. Shri Prasun Bhaduri, Panel advance copy. By ttiis petition, the petitioner Lawyer for the State/ respondents on has prayed for issuance of direction for preparation of service book and al^o for direction to respondents to ^rant various service benefits including re^ular increment from the year 2003 and also re-fixation of pay to the petition^r after grant of increments on account of his promotion to various posts and a|so for benefits of pay scale upgradation after compietion of 12 years. j The submission of leamed Isenior counsei is that ever since ie petitioner was initially appointed |n the year 1996, the petitioner was transferred and posted as different) places. The service book and other reievant records of service of the pefitioner are howevor, missing on accowt of which, neither increments which a|re due for payment from 2003 are being granted nor properfixation is taking rflace. Attention of this Court is dra Joint Director, Treasyry Accounts ai iwn to memo dated 7/11/09 (Annexure P/32-A) of the Coliector, Raipur in v|/hich, a direction has been given to the id Pension, Raipur to prepare duplteate service book in accordance with th^ instructions contained In memo dated 1/7/95 of the Finance Department. L|eamed counsel for the petitioner submits that till date, neither the lost service (>ook has been traced in any of ttie office including the office of the CollectorJ Raipur nor duplicate servfce book has been prepared even after Collector isfsued memo on 7/11/09. r-:n-A -^^T4 /p^% i m^ 11 XI-HC-22 ^ 'L 'y ^s-"^ 37T^T^T f<rli<=h 3T1^?T 5h^ich ^if^a Deepti )3? ~3~OCT r^||<l||^, ^Tll^^Ko. [®«ni^^< 31T^?T ^^ te:f.(Sf)v^. ^^^1 ^I^CII 5b+<l<^ "(^ST' 37T^T '^n^H: 'Hft^T -Q- The petitioner ts a Govemnlent petitioner has been lost, it is the arrangements for TOnstruction of a I that even though the Collector has grievance has not been redressed. various benefite as are ciaimed by view of the matter, it would be prot)er Treasury and Pension, Raipur to t<j the Government instructions, in the| book of the petitioner as instructe^ 7/11/09. Either the original servi^ service book should be prepared possible. The respondent No.2 shi with regard to grant of increments,| and take necessary decision in th^ from the date, the duplicate service|book A copy of this order be sen1| and Pension for compliance. With the aforesaid observati< CM<i{<n<flri 'RR^ff *? 'fe^t ^^K ^3^m3TT^T Servant. II the service book of fte |ufy of the empioyer to make necessary Iduplicate service book. This Court fhids (/ritten a memo on 7/1 1/09, the petitioner's In theabsence of proper servtee book, the petitioner have been withheld. Jn this to direct the Joint Director, ^counts, ^ke appropriate steps in accordance with |matter of preparation of duplicate service by the Coileotor vide his memo dated ^Q book may be traced or the duplicate jwithout further loss of time, as eariy as II consider various daims of the petitioner Ire-fixation of pay and upgradation of pay ^t regard within a period of three monttis js prepared, to the Joint Director, Accounts, Treasury ns, the petition is finaliy disposed off. Sd/- Manindra Mohan Shrivastava Judge [•qt^^fe^