Chattisgarh High Court
Sourabh Shrivastava vs State Of Chhattisgarh on 1 July, 2021
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS NO. 3027 OF 2021
Sourabh Shrivastava, S/o Prakash Chandra Shrivastava, aged about 34
years, Teacher (L.B.), Govt. Middle School Badoudakala, Block S. Lohara,
District Kabirdham (CG)
... Petitioner
versus
1. State of Chhattisgarh, through the Secretary, Department of
Panchayat and Rural Development, Mantralaya, Mahanadi Bhawan, Atal
Nagar, Nava Raipur, District Raipur (CG)
2. The Secretary, Department of Education, Mantralaya, Mahanadi
Bhawan, Atal Nagar, Nava Raipur, District Raipur (CG)
3. Commissioner-cum-Director, Directorate of Panchayat, Atal Nagar,
Nava Raipur, District Raipur (CG)
4. Chief Executive Officer, Zila Panchayat, Kabirdham, District
Kabirdham Chhattisgarh
5. District Education Officer, Kabirdham, District Kabirdham (CG)
... Respondents
For Petitioner : Mr. C.J.K. Rao, Advocate.
For Respondents/State : Mr. Neeraj Pradhan, Panel Lawyer.
Hon'ble Shri Justice P. Sam Koshy
Order on Board
01/07/2021
1. Grievance of Petitioner in the present Writ Petition is that he was
initially appointed on the post of Shiksha Karmi Grade-III on 16.6.2005.
Subsequently, he again joined on the post of Shiksha Karmi Grade-II on
10.10.2008. He completed 8 years of service on 16.6.2013 from the initial
appointment and entitled to receive the revised pay-scale from 16.6.2013,
however, the same has been granted to him from 4.6.2016.
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 scales 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 present case has been decided by this Court in WPS No.95 of
2019 & WPS No.99 of 2019.
4. In view of above, it is ordered that the orders passed in WPS No.95 of
2019 and WPS No.99 of 2019 shall also be applicable in the present Writ
Petition also. It is directed that Respondents No. 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 copy of this
Order.
5. With the aforesaid observations, the Writ Petition stands disposed of.
Sd/-
(P. Sam Koshy)
JUDGE
sharad
