Chattisgarh High Court
Vivek Kumar Tiwari vs State Of Chhattisgarh on 16 June, 2021
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 2431 of 2021
• Vivek Kumar Tiwari S/o Nutam Prasad Tiwari Aged About 40 Years
Presently Working As Lecturer (L. B.) at Govt. Higher Secondary
School, Badra (Thakur) 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 School 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 : Shri C.Jayant K. Rao, Advocate
For Respondents/State : Shri Jitendra Pali, Deputy Advocate General
Hon'ble Shri Justice P. Sam Koshy
Order on Board
16/06/2021
1. Heard.
2. The grievance of the petitioner is that the petitioner was initially
appointed on the post of Shiksha Karmi Grade-III on 27.06.2008.
Subsequently, he joined on the post of Shiksha Karmi Grade-I on
27.09.2013 and therefore, after completion of 8 years of service on
27.06.2016 from the initial appointment, he was entitled to receive
the revised pay-scale, however, the same has been granted from
03.11.2016.
3. 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."
4. 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.
5. 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 & 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.
6. With the above observations, this writ petition stands finally disposed
of.
Sd/-
(P. Sam Koshy)
Judge
Chandra
