Mahendra Kumar Patel vs State Of Chhattisgarh
2021 Latest Caselaw 1980 Chatt

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                                                                      NAFR
         HIGH COURT OF CHHATTISGARH AT BILASPUR

                          WPS No. 4473 of 2021

1. Mahendra Kumar Patel S/o Shri Hemraj Patel Aged About 39 Years
   Working As Teacher (L.B.) At Government Middle School Barpali Block
   Baramkela District Raigarh Chhattisgarh

2. Kranti Sidar D/o Shri Bhog Singh Sidar Aged About 41 Years Working As
   Teacher (L.B.) At Government Middle School Katangpali (B) Block
   Baramkela District Raigarh Chhattisgarh.

3. Sumant Kumar Patel S/o Shri Tejram Patel Aged About 34 Years Working
   As Teacher (L.B.) At Government Middle School Bhulumuda, Block
   Baramkela District Raigarh Chhattisgarh.

4. Bhumisuta Patel W/o Shri Sumant Kumar Patel Aged About 31 Years
   Working As Teacher (L.B.) At Government Middle School Jalgarh, Block
   Baramkela District Raigarh Chhattisgarh.

5. Ballabh Kumar Yadav S/o Shri Suraj Kumar Yadav Aged About 36 Years
   Working As Teacher (L.B.) At Government Middle School Panchdhar,
   Block Baramkela District Raigarh Chhattisgarh.

6. Lav Kumar Sidar S/o Shr Raghunath Sidar Aged About 40 Years Working
   As Teacher (L.B.) At Government Middle School Porath Block Baramkela
   District Raigarh Chhattisgarh.

                                                           ---- Petitioners

                                    Versus

1. State Of Chhattisgarh Through Secretary, Department Of School
   Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur,
   District Raipur Chhattisgarh

2. Secretary Department Of Panchayat And Rural Development , Mantralaya
   Mahanadi Bhawan Atal Nagar , Naya Raipur , District Raipur Chhattisgarh.

3. Commissioner Cum Director Directorate Of Panchayat , Atal Nagar , Naya
   Raipur , District Raipur Chhattisgarh.

4. Chief Executive Officer Zila Panchayat Raigarh, District Raigarh
   Chhattisgarh.
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  5. Chief Executive Officer Janpad Panchayat Baramkela , Block Baramkela,
     District Raigarh Chhattisgarh.

                                                                   ---- Respondents

For Petitioner : Mr. Rohitashva Singh, Advocate.

     For State                    :       Mr. Jitendra Pali, Dy. AG

                      Hon'ble Shri Justice P. Sam Koshy
                               Order on Board

24/08/2021

1. The limited grievance which the petitioners have raised in the present writ

petition by virtue of the order passed by this Court in the case of Mukesh

Kumar Patel Vs. State of Chhattisgarh, WPS No. 2530/2017decided on

26.11.2017 is for grant of the benefit of revised pay scale on completion of

8 years of service.

2. Learned counsel for the petitioners submits that the grievance which now

remains is that the benefit is being provided to the petitioners

prospectively. Though the respondents have made a calculation which the

petitioner was entitled for from the date of their completion of 8years of

service but no effective orders have been passed nor have the department

taken any step for releasing of the arrears of payment. The petitioners

pray for appropriate direction to the respondents for releasing the said

amount.

3. 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

respondents have complied with the order to the extent of granting revised

pay scale to the petitioners, let respondents take an appropriate decision

at the earliest so far as release of the arrears of payment which the

petitioners are entitled for, subject to verification of their entitlement for the

same. Expecting a decision from the respondents within a period of 90

days from the date of receipt of copy of this order.

4. The writ petition accordingly stands disposed of.

Sd/-

(P. Sam Koshy) Judge Rohit