Smt. Jyoti Dewangan vs State Of Chhattisgarh
2021 Latest Caselaw 1097 Chatt

                                    1

                                                                         NAFR
         HIGH COURT OF CHHATTISGARH, BILASPUR

                   Writ Petition (S) No. 3543 of 2021

1. Smt. Jyoti Dewangan W/o Rajesh Dewangan, Aged About 39 Years
   Working As Lecturer (L.B.) Govt. High School Guturma, Block Sitapur
   District Surguja, Chhattisgarh

2. Smt. Santoshini Kapdi W/o Pradeep Kumar Kapdi, Aged About 41
   Years, Working As Lecturer (L.B.) Govt. High School Sur, Block Sitapur
   District Surguja, Chhattisgarh

3. Smt. Sushila Kerketta D/o Sohrai Kerketta, Aged About 43 Years
   Working As Lecturer (L.B.) Govt. High School Devgarh, Block Sitapur
   District Surguja, Chhattisgarh

4. Super Ram S/o Ramdhani Ram, Aged About 44 Years, Working As
   Lecturer (L.B.) Govt. High School Girhuldih, Block Sitapur, District
   Surguja, Chhattisgarh

                                                                 ---- Petitioners

                                 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, Directorate Of Panchayat, Atal Nagar,
   Naya Raipur, District Raipur, Chhattisgarh.

4. Director, Public Instructions, Raipur, District Raipur, Chhattisgarh.

5. Collector, Ambikapur, District Surguja, Chhattisgarh.

6. Chief Executive Officer, Jila Panchayat, Ambikapur, District Surguja
   Chhattisgarh.

7. District Education Officer, Ambikapur, District Surguja, Chhattisgarh.

                                                             ---- Respondents

For Petitioners : Mr. Harish Khuntiya, Advocate For State : Mr. Ishan Verma, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 13.07.2021

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

writ petition is the benefits which arise, by virtue of the order passed by

this Court in the case of Mukesh Kumar Patel & another Vs. State of

Chhattisgarh & another, WPS No. 2530/2017 decided on 28.11.2017

as regards granting 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 and though the respondents have made a calculation

which the petitioners were entitled from the date of their completion of 8

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

department has taken any step for releasing the arrears of payment.

The petitioners pray for an 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 Kumar

Patel (Supra) which has also been affirmed by the Division Bench and

also taking note of the fact that the respondents have complied with the

order to the extent of granting revised pay scale to the petitioners, let

the respondents 2 & 3 take an appropriate decision at the earliest as

regards releasing of the arrears of payment which the petitioners are

entitled for. Expecting a decision from the respondents within a period

of 90 days from the date of receipt of copy of this order, the writ petition

stands disposed of.

Sd/-

P. Sam Koshy Judge Khatai