Banshidhar Patel vs State Of Chhattisgarh
2021 Latest Caselaw 1100 Chatt

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                                                                            NAFR
           HIGH COURT OF CHHATTISGARH, BILASPUR

                      Writ Petition (S) No. 3536 of 2021

   1. Banshidhar Patel S/o Sagar Prasad Patel, Aged About 45 Years
      Working As Lecturer (L.B.) Government Higher Secondary School,
      Sitapur, Block Sitapur, District Surguja, Chhattisgarh

   2. Jairam Bhagat S/o Niluram Bhagat, Aged About 44 Years, Working As
      Lecturer (L.B.) Government Higher Secondary School, Sitapur, Block
      Sitapur, District Surguja, Chhattisgarh.

   3. Smt. Suchita Tirkey W/o Samir Tigga, Aged About 41 Years, Working
      As Lecturer (L.B.) Government Higher Secondary School, Sitapur,
      Block Sitapur, District Surguja, Chhattisgarh.              ---- Petitioners
                                   Versus

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

   2. Secretary, Department Of Panchayat And Rural Development,
      Mantralaya,    Mahanadi     Bhawan,        Atal   Nagar,    Nawa     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 : Ms. Akanksha Jain, Dy. Govt. Advocate

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