Chattisgarh High Court
Shivnandan Lal Sahu vs State Of Chhattisgarh on 18 June, 2021
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 2578 of 2021
Shivnandan Lal Sahu S/o Shri Mahettar Sahu Aged About 38 Years Presently
Working As Lecturer (L.B.) At Government S. Bhagat Singh Higher
Secondary School Jairamnagar, Block Masturi District Bilaspur Chhattisgarh.
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary , Department Of
Panchayat And Rural Development Mantralaya , Mahanadi Bhawan,
Atal Nagar, Nava Raipur, District Raipur Chhattisgarh.
2. The Secretary Department Of Education, Mantralaya , Mahanadi
Bhawan, Atal Nagar , Nava Raipur , District Raipur Chhattisgarh.
3. Commissioner Cum Director Directorate Of Panchayat , Atal Nagar,
Raipur , District Raipur Chhattisgarh.
4. Chief Executive Officer Zila Panchayat , Bilaspur , District Bilaspur
Chhattisgarh.
5. District Education Officer Bilaspur, District Bilaspur Chhattisgarh.
---- Respondents
For Petitioner : Mr. C. Jayant K. Rao, Advocate
For State : Ms. Sunita Jain, G.A.
Hon'ble Shri Justice P. Sam Koshy
Order on Board
18/06/2021
1. The grievance of the petitioner is that the petitioner was initially
appointed on the post of Shiksha Karmi Grade-III on 27.06.2005.
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
27.06.2013 from the initial appointment, he was entitled to receive the
revised pay-scale, however, the same has been granted from
10.01.2019.
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
