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Judgment
Rakesh Mohan Pandey, J
In WPS/2349/2017, the petitioner has sought the following relief(s):-
“10.i. To kindly call for the records of the case from the respondents.
ii. To kindly direct the respondents to revise the grade pay of the petitioners from 1900/- to 2200/- in compliance of order/Circular dated 01/05/2013 (Annexure P/1).
iii. To kindly direct the respondents to make payments of arrears of salary and to the petitioner with interest after revising the grade pay of the petitioners from 1900/- to 2200/-.
iv. To kindly make any other order that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner.”
In WPS/7951/2018, the petitioner has sought the following relief(s):-
“10.i. To kindly call for the records of the case from the respondents.
ii. To kindly quash the orders dated 31/10/2018 (Annexure P/1) and 30/10/2018 (Annexure P/2).
iii. To kindly direct the respondents to make payments of arrears of salary and to the petitioner with interest after revising the grade pay of the petitioners from 1900/- to 2200/-.
iv. To kindly make any other order that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner.”
Mr. Varun Sharma, learned counsel for the petitioners would submit that earlier the petitioner, Suresh Tandon had preferred WPS No.2349 of 2017 seeking the benefit of the revised pay scale. Since the said benefit was extended to him during the pendency of the petition, his name was deleted from the cause title of WPS No.2349 of 2017. Later on, the said order was withdrawn, thereafter, the petitioner Surendra Tandon instituted WPS No.7951 of 2018, seeking extension of the benefit of the revised pay scale.
Mr. Sharma would submit that the petitioners were appointed to the post of Driver under the Chief Medical and Health officer, Baloda Bazar-Bhatapara vide order dated 27.02.2013 on pay scale of 5200-20200 + Grade Pay 1900. He would contend that pay scale of Government Servants of State of Chhattisgarh was revised on 01.05.2013, but the said benefit was not extended to the petitioners on the ground that pay scale of the Driver (Heavy Vehicle) has been revised and same cannot be extended to the Driver (LMV).
Mr. Sharma would argue that the benefit of revised pay scale has been extended to all Government Employees including contingency paid employees, but said benefit has not been extended by the respondents to the petitioners. He would contend that during the pendency of WPS/2349/2017, the benefit was extended to the petitioner Surendra Tandon, but later on, it was withdrawn. He would pray that a direction may be issued to the respondent authorities to extend the benefit of revised pay scale to the petitioners.
On the other hand, Mr. Pramod Shrivastava, learned Deputy Government Advocate oppose the submission made by Mr. Sharma and submit that the benefit of revised pay scale was extended to Driver (Heavy Vehhicle) only. He would submit that the petitioner(s) do not fall within that category, therefore, the said benefit has not been extended to them. He would submit that due to mistake, the benefit of revised pay scale was extended to petitioner Surendra Tandon, later on, it was withdrawn; thus, the petitions are misconceived and deserve to be dismissed.
I have heard learned counsel for the parties and perused the documents placed on file.
As stated by Mr. Sharma, the benefit of revised pay scale dated 01.05.2013 has been extended to all the Government Employees including the contingency paid employees, but the claims of the petitioners have not been considered, therefore, these petitions at this juncture are disposed of reserving liberty in favour of the petitioners to make representation(s) before the Director, Health Services, Government of Chhattisgarh raising their grievances within a period of 30 days and in turn, the authority concerned is directed to decide it in light of the circular dated 01.05.2013, in objective manner preferably within a further period of 90 days.
With the aforesaid observation(s) and direction(s), these writ petitions are hereby disposed of.