Chattisgarh High Court
Ajay Kumar Kaushik vs State Of Chhattisgarh on 8 July, 2021
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 3061 of 2021
Ajay Kumar Kaushik S/o Budhram Kaushik Aged About 49 Years
Presently Working As Lecturer (L. B.) At Govt. Higher Secondary School
Chunchunia, Block Pathariya District Mungeli 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, Mungeli District Mungeli
Chhattisgarh
6. District Education Officer Mungeli District Mungeli Chhattisgarh
----Respondents
For Petitioner : Mr. C. Jayant K. Rao, Advocate
For State : Ms. Akanksha Jain, Dy. 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 01.06.2005.
Subsequently, he joined on the post of Shiksha Karmi Grade-I on
22.06.2010 and therefore, after completion of 8 years of service on
01.06.2013 from the initial appointment, he was entitled to receive
the revised pay-scale, however, the same has been granted from
04.10.2018.
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
petitioner. It is directed that respondents 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 this order.
5. With the above observations, this writ petition stands finally
disposed of.
Sd/-
(P. Sam Koshy)
Judge
Ved
