Chattisgarh High Court
Komal Singh Maravi vs State Of Chhattisgarh on 1 July, 2021
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS NO. 2973 OF 2021
Komal Singh Maravi, S/o Bahoran Singh Maravi, aged about 38 years,
presently working as Lecturer (L.B.) at Govt. Higher Secondary School,
Marrakona, Block Pathariya, District Mungeli (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. Mission director, Rajya Madhyamik Shiksha Mission, Raipur (CG)
5. Chief Executive Officer, Zila Panchayat, Mungeli, District Mungeli
Chhattisgarh
6. District Education Officer, Mungeli, District Mungeli (CG)
... Respondents
For Petitioner : Mr. C.J.K. Rao, Advocate.
For Respondents/State : Mr. Kunal Das, 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-II on 27.9.2008. Subsequently,
he again joined on the post of Shiksha Karmi Grade-I on 15.7.2013. He
completed 8 years of service on 27.9.2016 from the initial appointment and
entitled to receive the revised pay-scale from 27.9.2016, however, the same
has been granted to him from 19.9.2018.
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 & 5 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
