Chattisgarh High Court
Pravin Kumar Vishwakarma vs State Of Chhattisgarh on 8 July, 2021
-1-
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 2821 of 2021
1. Pravin Kumar Vishwakarma S/o Hira Lal Vishwakarma Aged About 51
Years Presently Working As Lecturer (L. B.) At Govt. Higher Secondary
School, Chichirda, Block Takhatpur District Bilaspur Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat
And Rural Development, Mantralaya, Mahanadi Bhawan, Atal Nagar,
Nawa Raipur District Raipur Chhattisgarh
2. The Secretary, Department Of Education, Mantralaya, Mahanadi Bhawan,
Atal Nagar, Nawa Raipur District Raipur Chhattisgarh
3. Commissioner-Cum-Director Directorate Of Panchayat, Atal Nagar Raipur
District Raipur Chhattisgarh
4. Mission Director Rajya Madhyamik Shiksha Mission, Raipur Chhattisgarh
5. Chief Executive Officer Zila Panchayat Bilaspur District Bilaspur
Chhattisgarh
6. District Education Officer Bilaspur District Bilaspur Chhattisgarh
---Respondents
For Petitioner : Shri C.J.K. Rao, Advocate.
For State : Ms. Sunita Jain, G.A.
Hon'ble Shri Justice P. Sam Koshy
Order on Board
08.07.2021 .
1. The grievance of the petitioner is that the petitioner was initially
appointed on the post of Shiksha Karmi Grade-III on 24.01.2007.
Subsequently, he joined on the post of Shiksha Karmi Grade-I on
29.06.2010 and therefore, after completion of 8 years of service on
24.01.2015 from the initial appointment, he was entitled to receive
the revised pay-scale, however, the same has been granted from
29.08.2018.
2. Learned counsel for the 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 do not dispute the fact that the similar issue
raised in this case has been decided by this Court in W.P(S) No.95
of 2019 & WPS No.99 of 2019.
4. The order passed in WPS No. 95 of 2019 and WPS No.99 of 2019
(supra) shall also be applicable to the case of present writ petition. It
is directed that respondents 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 this order.
5. With the above observations, this writ petition stands finally disposed
of.
Sd/-
(P. Sam Koshy)
Judge
Jyotijha
