Bhupendra Prasad Vaishnav vs State Of Chhattisgarh
2021 Latest Caselaw 3541 Chatt

                                                                                              NAFR

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                     WPS No. 6705 of 2021

         Bhupendra Prasad Vaishnav S/o Chandrika Prasad Vaishnav Aged
         About 47 Years Working As Vyayam Teacher (L.B.) (Pti), Govt. Higher
         Secondary School, Kusmi, Block-Berla, District Bemetara Chhattisgarh.

                                                                                     ---- Petitioner

                                              Versus

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

      2. Secretary, Department of Panchayat and Rural Development,
          Mantralaya, Mahanadi Bhawan Atal Nagar, Naya Raipur Chhattisgarh.

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

      4. Director Public Instructions Raipur, District Raipur Chhattisgarh.

      5. Collector, Bemetara, District Bemetara, Chhattisgarh.

      6. Chief Executive Officer Jila Panchayat, Bemetara, District Bemetara
          Chhattisgarh.

      7. District Education Officer Bemetara, District Bemetara Chhattisgarh.

                                                                             --------Respondents

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For Petitioner : Mr. Harish Khuntiya, Advocate Respondents/State : Mr. Kunal Das, PL

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Hon'ble Shri Justice Sanjay K. Agrawal Order on Board

07.12.2021

1. The limited grievance, which the petitioner has 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.2530/2017,

decided on 26.11.2017} has been granted benefit of revised pay-scale on completion of 8 years of service.

2. 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 from the date of his completion of 8

years of service, but no effective order has been passed nor the

department has taken any steps for release of the arrears of payment.

The petitioner 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 petitioner, let respondents No.2 & 3 take an

appropriate decision at the earliest, so far as release of the arrears of

payment is concerned, which the petitioner is entitled for. The petitioner

is also directed to furnish the representation before the said authorities

as well. It is expected from the concerned authorities that he shall take

decision in this regard within a period of 90 days from the date of receipt

of a copy of this order and/or from the date of receiving representation of

the petitioner.

4. The writ petition is accordingly stands disposed of.

Sd/-

(Sanjay K. Agrawal) Judge yasmin