4- sm^E c -^. ^6 c/- IN THE HIGH CQURT OF JUDICATURE AT BILASPUR CHHATTISGARH W.P.fSl No. Si^{-\ / 2009 PETIT10NER // : Top Singh Verma S/o Shri Kapil Singh Verma, Aged about 45 years, Occupation- Peon, Govt. Higher ^a ^&L^T:';)'^ Secondary School Godhi, Distt. Durg .^•-^::'^^-:^'" ^^;^.^.... .,-^'"*' (C.G.). VERSUS RESPONDENTS ^ 1. State of Chhattisgrh, Through - The Secretary, Education Department, D.K.S. Bhawan, Raipur (C.G.). 2. The Director, Public Instruction Department, D.K.S. Bhawan, Raipur (C.G.). / 3. District Education Officer Durg, Distt. - Durg (C.G.). ^4. Deputy Director, Public Instruction Department, District Durg (CG). WRIT PETITION UNDER ARTICLE 226 / 227 OF THE CONSTITUTION OF INDIA .1^.. y& ^. I S8i% 1 1 ^ ^li J ^*. ^ A ^^. rf=^.,JaNS" ^ ^' HIGH COURT OF CHHATTISGARH : BILASPUR v- WRIT PETITION (S) N0.2374 OF 2009 PETITIONER Top Singh Verma Versus RESPONDENTS State of Chhattisgarh & Others (Writ Petition underArticle 226 ofthe Constitution of India) Single Bench : Hon'ble Shri Satish K. Agnihotri, J. Present:- Shri Vipin Tiwari, Advocate for the petitioner. Shri P.K. Bhaduri, Panel Lawyerforthe State. ORDER(ORAL) (Passed on this 23rd day ofApril, 2010) 1. The petitioner, by this petition, seeks a direction to grant notional seniority to the petitioner w.e.f. 20-8-1994. 2. Learned counsel appearing for the petitioner submits that the petitioner was initially appointed on daily wages basis on 12-8-1991. Thereafter, regular pay scale was granted on 20-8-1994. The petitioner continued in the same capacity. Thereafter, the petitioner was granted a revised pay scale after completion of 3 years from contingency fund w.e.f. 21-8-1995 by the Principal, Government Higher Secondary School, Godhi, Durg, as is evident from page No.9 of the petition. The petitioner was also granted kramonnati by order dated 5-9-2007 (Annexure - P/3) on completion of 12 years of service, as contingency fund employee (Peon) on the recommendation of the Departmental Promotion Scrutiny Committee. The petitioner was subsequently regularized by order dated 27-9-2008 (Annexure - P/4) from the post of contingency fund Peon. Subseqyently, the petitioner was granted seniority with immediate effect i.e. from 27-9-2008, as is evident from Annexure - R/3. Hence, this petition. liiri'iiii—iuu,. Shri Tiwari, learned counsel appearing for the petitioner submits that though initially the petitioner was appointed on daily wages basis, thereafter, he became contingency fund Peon, as he was granted regular pay scale on completion of three years. The petitioner was also granted revised pay scale and thereafter on the recommendation of the Departmental Promotion Scrutiny Committee, he was granted kramonnati after service of 12 years. The petitioner was granted seniority granting w.e.f. the date of the impugned order i.e. 27-9-2008, but the same is not in consonance with well settled principles of law. The petitioner served on the post continuously and was further granted alt the benefits as granted to other regular employees. Thus, the petitioner is entitled to notional seniority iv.e.f. 20-8-1994. On the other hand, Shri Bhaduri,learned Panel Lawyer appearing for the State, submits that it is true that he was granted other benefits, however, he did not become member of the regular service. The petitioner became member of regular service only on 27-9-2008 when the order of appointing him on regular Peon was passed. Thus, the petitioner was rightly granted the seniority w.e.f. 27-9-2008. 1 have heard learned counsel appearing for the parties, perused the pleadings and the documents appended thereto. It is admitted position that the petitioner after being initially appointed on ad hoc, daily wages, basis was granted regular pay sca\e w.e.f. 20-8-1994. Thereafter, the petitioner was also granted revised pay scale and further after completion of period of twelve years on the basis of recommendation made by the Departmental Promotion Scrutiny Committee, he was granted kramonnati. The subsequent '^ y^ :^ m^m^wm W£! ;;'^l^^lf^§!?lil ""^Sk " 'i. i. V A '%,jfe.-,^^ :""-~ •.,^^'" 8. Gowri order dated 27-9-2008 whereby the petitioner has been appointed on regular establishment has completely ignored the earlier events. It is not one of the cases wherein the petitioner has not been appointed as contingency paid emptoyee without there being regularization. The petitioner was granted regular pay scale and thereafter on the basis of proper scrutiny/selection of Departmental Promotion Scrutiny Committee he was granted kramonnati. Thus, the petitioner cannot be denied the benefit of his notional seniority from the date when he was granted regular pay scale. (See Direct Recruit CIass II Engineering Officers' Association v. State of Maharashtra and Others1). Accordingly, the State is directed to consider the case of the petitioner to grant notional seniority w.e.f. the date he was granted regular pay scale on the basis of proper scrutiny by the committee. In the result, the writ petition is allowed to the extent indicated above. No order asto costs. Sd/- Satish K. Agnihotri Judge 1 (1990)28cc 715