1*8' U c ip-"? v-v^ 4 j? / IN THE HON'BLE HIGH COURT OF.JUDICATURE OF CHHATTISGARH AtBILASPUR WRIT PETITION (S) No.^^3.3_/2006 PETITIONERS ^A..-<^. .A^'^> ^^s^^"' ,/<1??^^ •l-'..' •^- <?>^ / ^"^ J^ ?•• A; 1. Vijay Kumar Sahoo -' S/o Shri. Siduram Sahoo Aged about 43 years, Employed as Subedar at District Police OfEce, RAIGARH (CG) 2. Premlal Shrivas . S/o Late Pardeshi Ram Shrivas, Aged about 52 years, Employed as Subedar at District Police Office, RAIGARH(CG) 3. Dharam Narayan Dewangan ^ S/o Late Kapil Deo Dewangan Aged about 47 years Employed as Sub-Inspector, at District Police OfBce, R'VIGABH (CG) 4. Smt. Arpana Singh .. W/o Sliri. Narendra Chandel Aged about 35 years Employed as Asst. Sub-Iaspector, at District PoUce Office, RAIGARH (CG) 5. Smt. Manorama Bahidar , W/o Late Kailash Bahidar Aged about 42 years Employed as Asst. Sub-Inspector, at District Police OfSce, RAIGARH (CG) 6. Ku. LataSidar . D/o Ram Gopal Sidar Aged about 23 years Employed as Sub-Inspector, at District Police OfBce, RAIGARH (CG) H 7. Shri. Ambros Toppo - S/o Late Chaitu Toppo Aged about 48 years Employed as Asst. Sub-Inspector, at District Police OfSce, RAIGARHrcG) 8. Ashok Darsena /^ S/o Late T.S.Darsena Aged about 20 years Employed as Asst. Sub-Inspector, at District Police OfBce, RAIGARH <CG) 9. Ramanand Bahidar,'/ S/o Shri. Ugrasen Bahidar Aged about 37 years Employed as Asst. Sub-Inspector, at District Police OfEce, RAIGARH (CG) 10. Gopal Prasad Kewat,/ S/o Shri. Vidhyadhar Kewat Aged about 36 years Employed as Asst. Sub-Inspector at District PoUce OfBce, RAIGARH (CG) 11. ManojNat S/o Shri Santosh Kumar Nat Aged about 24 years Einployed as Asst.' Sub-Inspector, at District Police OfSce, RAIGARH (CG) 12. Charan Singh Yadav,- S/o Late Kartik Ram Yadava Aged about 58 years Employed as Constable (M) at District Pplice OfSce, RAIGAKH ICG) 13. MUan Prasad Patel S/o Sh-i Bisahoo Ram Aged about 40 years Employed as Head Constable (M) at District Police Office, RAIGARHrcGV -r 14. Smt. Madhubala Shrivastava W/o Shri. ^. K.SJu-ivastava Aged about S5 years Employed as'Asst. Sub-Inspector, at District Police OfGce, RAIGARH (CG} 15. Anand Kumar Kerketa.^ S/o Shri. Simon Kerketta Aged about35 years Employed as Asst. Sub-Inspector, at District Police Office, RAIGARH (CG) 7^ ^ ^>f-\.. ^^KM\ i^^ ^^^ CilasVS 16. Bhagirathi Mahar»' S/o Shri. M.L.Mahar Aged about 35 years Employed as Sub-Iaspector at District Police OfGce, JANJGIR-CHAMPA (CG) 17. Beguram Gongade ^ S/o Late Shri. Lain Das Gangade Aged about 49 years Employed as Sub-Inspector at District Police OfBce, JANJGIR-CHAMPA (CG) 18. Sitaram Mahesh . S/o Shri. Jegiu R^m Mahesh Aged about 4?ysars Employed as Subedar at District Police Office, KORIA (CG) 19. Pankaj KumarNema / S/o Shri. Govind Prasad Nema Aged about^oye&fs Employedas Sub-Inspector at District Police OfGce, KORIA (CG) 20. Hariprasad Paikara S/o Shri. Rgm Kishun Paikara Aged aboutyi years Employed as Sub-Inspector at District Police Of5ce, KORIA <CG} BH va T?a <0 21. Anand Ram Paikara S/o Shri. Vgnshari Paikara Aged about'S^years Employed as Sub-Inspector at District Police OfSce, KORIA (CG) 22. 23. 24. 25. 26. 27. Kelmet Lakara / S/o Shri. Nikoldas Lakara Aged about^i years Employed as Subedar At Office ofthe Commandent 6th Battalion, RAIGARH (CG) Celestin Bara S/o Shri. P^ilip^ara Aged aboutzpyears Employed as Subedar At OfBce ofthe Commandent 6th Battalion, RAIGARH (CG) Pancraticus Minj S/o Late MLat Aged about?fcyears Einployed as Sub-Inspector, At OiBce ofthe Commandent 6th Battalion, RAIGARH (CG) Raghunath Behra . S/o Late Luduiqgni Belira, Aged about'i'i3years Employed as Sub-Inspector, At Office ofthe Commandent 6th Battalion, RAIGARH (CG) Ku. Asha Pathak . D/o Late Bhairar Nath Singh Aged abou&i0 years Employed as Asst. Sub-Iaspector, At Office offhe Commandent 6 'Battalion, RAIGARH (CG) PrashantSagar Gupta S/o Shri. Pren^agar Gupta, Aged about}? years Employed as Asst. Sub-Inspector, ^At Of&ce ofthe Commandent 6& Battalion. RAIGARB (CG) M ^ 7 28. 29. 30. Jamuna Prasad Chelkar/ S/o Sfari. Udai Ram Aged abouts? years Employed as Asst. Sub-Inspector, At OfBce ofthe Commandent 6th BattaUon, RAIGARH (CG) Smt. Dropati Patel'- Wd/o Kaiihaiyalal Patel Aged aboutl^^ears Employed as Asst. Sub-Inspector At OfBce ofthe Commandent 6th Battalion, RAIGARH (CG) Smt. Hema Khess W/o Shri. Vinod Kumar Khess Aged about ^s years Employed as Head Constable At Office ofthe Commandent 6U1 Battalion, RAIGARH (CG) VERSUS RESPQNDENTS StateofChhattisgarh / Through; The Secretary, Home Department, Mantralaya, D.K.S.Bhawan, RAIPUR fCG) The Secretary, . Finance Department, Govemment ofChhattisgarh, D.K.S.Bhawan, Mantralaya RAIPUR (CG). The Director General ofPolice, Police Head Quarter, Govenunent ofChhattisgarh, RAIPUR (CG). The Joint Director, / (Treasury, Accounts and Pension) Govemment of Chhattisgarh, Ghari Chowk, RAIPUR (CG). ^ WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT IN THE NATURE QF MANDANUS/CERTIORARY OR ANY OTHER SUITABLE ORDER OR DIRECTION. A> ^ ^ H1GHCOURT OF_CHHATTSSGARH : BILASPUR WRIT PETSTiON (S) N0.5533 2006 Viiav Kumar Sahoo & Others Versus RESPONDENTS State of Chhattisgarh & Others (VVrit Petition under Articie 226/227 ofthe Constitution of india) Sinaie Bench : Hon'bie Shri Satish K. Aanihotri, 4. Present:- Shri V.K. Punjabi, Advocate for the petltioners. Shri Satish Guota, Government Advocate for the State. 3. (Passed on this 02"° day of May, 2011) Heard learned counsel for the parties. Chaiienae in this oetition is io the order dated 28/07/2006 (Annexure P/1'i oassed bv the Deputv inspector Gen&rai of Police (Admn.), Poiice Headauarters. Ratour, wherebv he instructed ail the Pollce Units of the State of Chhattisgarh to proceed for fixation of satar/ of the minlsteria! staff of the Poiice DeDartment 'n accordance with the Choudharv Pay Commission and benefit of the same was given to those empioyees, who have been aoDointed after 01/04/1981 snd also directed for recovery of excess payment from the empioyees, who have avaited the said benefit. Learned counset aDDearing for the oarties fairiv and jointlv submlt that the issue invoived in this oetition has aireadv been corssidered by this Court at tength in Abdul Nawab Khan & Others v. The Stata of Chhatt'sgarh & Others ans other connectsd matters. Further, against the order passed by this Court in Abdu! Nawab Khan (supra), the State Govemment has preferred a review petition i.e. Si'ate of Chhattisesarh & Others v. Abdul .'Vawafc Khan & Others' a",d othsr connected mattsrs, which have been dismissed bv this Court stetina that the judgment and -Ti -SlK\ i<s^. i^'—.i ^>w i^.y^t Arun 2 order dated 07/05/2003 passed in Abdul Nawab Khan (SUBra) Is ciear and does noi admit of any ambiauity and further. not capabie of anv other explanation or meaning. Thus, thjs petifion may be dispossd of in terms of the order passed in Abdul Nawab Khan (supra). in vlew of foregoing, the impugned order dated 29/07/2006 (Annexure P/1) is quashed and the writ petition is aiiowsd in terms of Abdul Navi/ab Khan(supra). Sd;'- Satish K.Agnihotri Judge ^s