Chattisgarh High Court
Khileshwar Kumar Sidar vs State Of Chhattisgarh on 4 October, 2021
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 5347 of 2021
1. Khileshwar Kumar Sidar S/o Shri Premlal Sidar Aged About 36 Years
Presently Working As Lecturer (L.B.) At Government Higher Secondary
School, Pusalda, Block Dharamjaigarh, District Raigarh 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 , District
Raipur Chhattisgarh.
4. Chief Exeuctive Officer Zila Panchayat, Raigarh, District Raigarh
Chhattisgarh.
5. District Education Officer Raigarh, District Raigarh Chhattisgarh.
---- Respondents
For Petitioner : Mr. C.J. K. Rao, Advocate
For State : Ms. Abhyunnati Singh, P.L.
Hon'ble Shri Justice P. Sam Koshy
Order On Board
04.10.2021
1. The grievance of the petitioner is that the petitioner was initially appointed on
the post of Shiksha Karmi Grade-II on 26.07.2008. Subsequently, he joined
on the post of Shiksha Karmi Grade-I on 21.06.2010 and therefore, after
completion of 8 years of service on 26.07.2016 from the initial appointment,
he was entitled to receive the revised pay-scale, however, the same has
been granted from 05.12.2018.
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 & 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
Jyoti
