Chattisgarh High Court
Gudiya Markam vs State Of Chhattisgarh on 9 August, 2021
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (S) No. 4094 of 2021
Gudiya Markam W/o Shri Surendra Prasad Markam, Aged About 32
Years, Presently Working As Lecturer (L.B.) At Govt. High School,
Jirrapara, Block Baderajpur, District Kondagaon (Chhattisgarh)
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Department Of
Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan,
Atal Nagar, Nava Raipur, District Raipur (Chhattisgarh)
2. The Secretary, Department Of Education, Mantralaya, Mahanadi
Bhawan, Atal Nagar, Nava Raipur, District Raipur (Chhattisgarh)
3. Commissioner-Cum-Director, Directorate Of Panchayat, Atal Nagar
Raipur, District Raipur (Chhattisgarh)
4. Chief Executive Officer, Zila Panchayat, Kondagaon, District
Kondagaon (Chhattisgarh)
5. District Education Officer, Kondagaon, District Kondagaon
(Chhattisgarh)
---- Respondents
For Petitioner : Mr. C. Jayant K. Rao, Advocate
For State : Mr. Shubham Verma, P.L.
Hon'ble Shri Justice P. Sam Koshy
Order On Board
09.08.2021
1. The grievance of petitioner is that the petitioner was initially appointed
on the post of Shiksha Karmi Grade-III on 08.08.2006. Subsequently,
the petitioner joined on the post of Shiksha Karmi Grade-I on
19.07.2013. Therefore, after completion of 8 years of service on
08.08.2014 from the initial appointment the petitioner was entitled to
receive the revised pay-scale, however, the same has been granted
from 10.12.2018.
2. Learned counsel for petitioner submits that similarly situated persons
have filed WPS No.95 of 2019 and WPS No.99 of 2019 for grant of
arrears of pay-scale wherein this Court has passed the following order :
"2. The limited grievance which the petitioner has
raised in this writ petition by virtue of order passed
by this Court in the case of Mukesh Kumar Patel
Vs. State of Chhattisgarh, WPS No.2530/2017
decided on 26.11.2017 has been granted benefit of
revised pay scale on completion of 8 years of
service.
3. Learned counsel for the petitioner submits that
the grievance which now remains is that the benefit
is being provided to the petitioner prospectively and
though the respondents have made a calculation
which the petitioner was entitled for from the date of
his completion of 8 years of service but no effective
orders have been passed nor have department
taken any steps for release of the arrears of
payment. The petitioner prays for appropriate
direction to the respondents for releasing the said
amount.
4. Without entering into the merits of the case and
taking into consideration the judgment of this Court
in the case of Mukesh Patel (Supra) which has also
been affirmed by the Division Bench and taking
note of the fact that the respondents have complied
with the order to the extent of granting revised pay
scale to the petitioner, let respondents 2 & 3 take
an appropriate decision at the earliest so far as
release of the arrears of payment which the
petitioners are entitled for. Excepting a decision
from the respondents within a period of 90 days
from the date of receipt of copy of this order, the
present writ petition stands disposed off."
3. Learned State Counsel does not dispute the fact that the similar issue
raised in this case has been decided by this Court in W.P(S) No.95 of
2019 & WPS No.99 of 2019.
4. The order passed in WPS No. 95 of 2019 and WPS No.99 of 2019
(supra) shall also be applicable to the case of present writ petition. It is
directed that respondents 3 & 4 shall take appropriate decision at the
earliest for releasing the arrears of payment which the petitioner is
entitled for. It is expected that a decision shall be taken within a period
of 90 days from the date of receipt of this order.
5. With the above observations, this writ petition stands finally disposed
of.
Sd/-
(P. Sam Koshy)
Judge
Khatai
