IN THE HIGH COURT OF CHHATTISGARH AT
BILASPUR
W. P. (S) No. OF 2020
PETITIONER : Sandeep Kumar Tandon
VERSUS
RESPONDENTS : State of Chhattisgarh and
others.
AFFIDAVIT
I, Sandeep Kumar Tandon, son of Shri Vijay
Tandon, aged about 33 years, working as
Lecturer (Panchayat) and posted at Govt. Higher
Secondary School Anda, Block Pathariya,
District Mungeli (C.G.), do hereby state on oath
as under:-
1. That, I am the petitioner in the instant writ
petition and as such I am fully conversant with
the facts of the case to swear this affidavit.
2. That, the accompanying writ petition has been
drafted under my instructions and contents
thereof has been read over and explained to me
that I am fully understood the same.
3. That, the contents of all paras of the attached
writ petition are true to my personal knowledge.
VERIFICATION
I, Sandeep Kumar Tandon the above named
deponent do hereby verify that the above affidavit
from paras 1 to 3 above are true to my personal
knowledge. Verified and signed on this day of
January 2020 at Bilaspur (C. G.)
Identified by me
IN THE HIGH COURT OF CHHATTISGARH AT
BILASPUR
W. P. (S) No. OF 2020
PETITIONER : Sandeep Kumar Tandon
VERSUS
RESPONDENTS : State of Chhattisgarh and
others.
INDEX
Sl. Particulars Annex. Page
No. No.
1 Synopsis
2 Writ petition under Article
226 of the Constitution of
India with certificate and
affidavit
3 Copy of relevant portion of P-1
order dated 20.12.2011
4 Copy of relevant portion of P-2
order dated 11.11.2016
5 Copy of order passed by this P-3
Hon’ble Court in case of
Vijaya Bharti Patel (W.P.S.
No. 3448/2019)
6 Copy of order granting P-4
revised pay scale
6 Vakalatnama
BILASPUR (C. G.) (AJAY SHRIVASTAVA)
DATED: .01.2020 COUNSEL FOR THE PETITIONER
IN THE HIGH COURT OF CHHATTISGARH AT
BILASPUR
W. P. (S) No. OF 2020
PETITIONER : Sandeep Kumar Tandon
VERSUS
RESPONDENTS : State of Chhattisgarh and
others.
SYNOPSIS
That, by order dated 20.12.2011 the
petitioner was initially appointed as Shiksha
Karmi Grade-02 (Nagriya Nikay) and he joined
on 27.12.2011 at Govt. Bahu. Middle School
Ambikapur, District Sarguja (C.G.).
That, the petitioner appeared in the
recruitment process of lecturer (Panchayat)
conducted by the Zila Panchayat Mungeli and
he was selected and appointed by order dated
11.11.2016 and he joined on said post on
23.11.2016 at Govt. Higher Secondary School
Anda, Block Pathariya, District Mungeli (C.G.).
That, earlier the service rendered by the
petitioner has been counted for revised pay
scale but the same has not been considered for
absorption purpuse.
That, recently this Hon’ble Court has
directed that if earlier service has been counted
for revised pay scale then it should be
considered for absorption.. Hence this writ
petition on the following facts and grounds
amongst others.
DATES AND EVENTS
Dates Particulars of the Events
20.12.201 The petitioner was initially appointed as
1 Shiksha Karmi Grade-02 (Nagriya Nikay)
and he joined on 27.12.2011 at Govt.
Bahu. Middle School Ambikapur, District
Sarguja (C.G.)
11.11.201 The petitioner appeared in the
6 recruitment process of lecturer
(Panchayat) conducted by the Zila
Panchayat Mungeli and he was selected
and appointed and he joined on said
post on 23.11.2016 at Govt. Higher
Secondary School Anda, Block
Pathariya, District Mungeli (C.G.)
BILASPUR (C. G.) (AJAY SHRIVASTAVA)
DATED: .01.2020 COUNSEL FOR THE PETITIONER
IN THE HIGH COURT OF CHHATTISGARH AT
BILASPUR
W. P. (S) No. OF 2020
PETITIONER : Sandeep Kumar Tandon,
son of Shri Vijay Tandon, aged
about 33 years, working as
Lecturer (Panchayat) and
posted at Govt. Higher
Secondary School Anda, Block
Pathariya, District Mungeli
(C.G.)
VERSUS
RESPONDENTS :1. State of Chhattisgarh,
through the Secretary,
Department of School
Education, Mahanadi
Bhawan, Mantralaya, Naya
Raipur, District Raipur (C.G.)
2. The Secretary, Department of
Panchayat, Mahanadi
Bhawan, Mantralaya, Naya
Raipur, District Raipur (C.G.)
3. Director, Directorate of
Chhattisgarh Public
Instruction, Indravati Bhawan,
Naya Raipur, District Raipur
(C.G.)
4. Chief Executive Officer, Zila
Panchayat Mungeli, District
Mungeli (C.G.)
WRIT PETITION UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA
The petitioner most humbly begs to submit as
under:-
1. PARTICULARS OF THE PETITIONER:
As given in the above cause title.
2. PARTICULARS OF THE RESPONDENTS:
As given in the above cause title.
3. PARTICULARS OF THE ORDERS AGAINST
WHICH THE PETITION IS MADE AND
SUBJECT MATTER IN BRIEF:
That, by order dated 20.12.2011 the
petitioner was initially appointed as Shiksha
Karmi Grade-02 (Nagriya Nikay) and he joined
on 27.12.2011 at Govt. Bahu. Middle School
Ambikapur, District Sarguja (C.G.).
That, the petitioner appeared in the
recruitment process of lecturer (Panchayat)
conducted by the Zila Panchayat Mungeli and
he was selected and appointed by order dated
11.11.2016 and he joined on said post on
23.11.2016 at Govt. Higher Secondary School
Anda, Block Pathariya, District Mungeli (C.G.).
That, earlier the service rendered by the
petitioner has been counted for revised pay
scale but the same has not been considered for
absorption purpuse.
That, recently this Hon’ble Court has
directed that if earlier service has been counted
for revised pay scale then it should be
considered for absorption.. Hence this writ
petition on the following facts and grounds
amongst others.
4. WHETHER CAVEAT FILED IF YES, WHETHER
COPY OF THE PETITION SUPPLIED TO
CAVEATOR:
No Caveat has been filed.
5. DETAILS OF REMEDIES EXHAUSED :-
The petitioner declares that no alternative,
efficacious remedy is available to the petitioner
except to file this instant petition.
6. MATTER NOT PREVIOUSLY FILED OR
PENDING WITH ANY OTHER COURT OF
LAW:-
The, petitioner declares that he has not filed
any petition suit before any competent
authority and nor decide any suit petition from
any competent authority in this regard.
7. DELAY IF ANY IN FILING THE PETITION:-
That, the petitioner declares that there is no
delay in the filing of the writ petition.
8. FACTS OF THE CASE :
The facts of the case, stated in brief, are as
below:-
8.1 That, the petitioner is citizen of India and he has
a right to enjoys all the fundamental rights
enshrined in part III of the Constitutional of
India.
8.2 That, by order dated 20.12.2011 the petitioner
was initially appointed as Shiksha Karmi Grade-
02 (Nagriya Nikay) and he joined on 27.12.2011
at Govt. Bahu. Middle School Ambikapur,
District Sarguja (C.G.).
8.3 That, the petitioner appeared in the recruitment
process of lecturer (Panchayat) conducted by
the Zila Panchayat Mungeli and he was selected
and appointed by order dated 11.11.2016 and
he joined on said post on 23.11.2016 at Govt.
Higher Secondary School Anda, Block Pathariya,
District Mungeli (C.G.). Copy of relevant portion
of order dated 20.12.2011 and 11.11.2016 are
being filed herewith collectively as Annexure
P-1 and P-2.
8.4 That, earlier the service rendered by the
petitioner has been counted for revised pay
scale but the same has not been considered for
absorption purpuse. Copy of order granting
revised pay scale is being filed herewith as
Annexure P-4.
8.5 That, recently this Hon’ble Court has directed
that if earlier service has been counted for
revised pay scale then it should be considered
for absorption. Copy of order passed by this
Hon’ble Court in case of Vijaya Bharti Patel
(W.P.S. No. 3448/2019) is being filed herewith
as Annexure P-3. Hence this petition on
following grounds amongst others:-
9. GROUNDS:-
9.1 That, the action of the respondent is
unconstitutional, discriminatory and not
sustainable in the eye of law.
9.2 That, earlier the service rendered by the
petitioner has been counted for revised pay
scale but the same has not been considered for
absorption purpuse.
9.3 That, recently this Hon’ble Court has directed
that if earlier service has been counted for
revised pay scale then it should be considered
for absorption.
10. RELIEF SOUGHT :
The petitioner most humbly prays for the
following relief’s :-
(i) That, this Hon’ble Court may kindly be
pleased to pass similar order as Annexure
P-3 and direction may be issued to count
earlier service for absorption for counting 8
year of service, in the interest of justice.
(ii) Any other relief which may be suitable in
the facts and circumstances of the case,
may also be granted.
An affidavit is filed herewith in
support of this petition.
BILASPUR (C. G.) (AJAY SHRIVASTAVA)
DATED: .01.2020 COUNSEL FOR THE PETITIONER
CERTIFICATE
It, is certified that due care has been taken
in the case to comply with the provisions of
Chhattisgarh High Court Rules.
BILASPUR (C. G.) (AJAY SHRIVASTAVA)
DATED: .01.2020 COUNSEL FOR THE PETITIONER
