Citation : 2021 Latest Caselaw 2683 Chatt
Judgement Date : 4 October, 2021
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (S) No. 5371 of 2021
1. Smt. Varsha Darwade W/o Shri Ashwin Darwade, Aged About 36
Years, Working As Lecturer (L.B.) And Posted At Govt. Higher
Secondary School Korramtola, Block Mohla, District Rajnandgaon,
Chhattisgarh.
2. Chinta Ram Thakur S/o Shri Fulsingh Thakur, Aged About 39 Years
Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary
School Korramtola, Block Mohla, District Rajnandgaon, Chhattisgarh.
3. Pusau Ram Mandawi S/o Shri Ramdayal Mandawi, Aged About 39
Years, Working As Lecturer (L.B.) And Posted At Govt. High School
Sonhpur, Block Gurur, District Balod, Chhattisgarh.
4. Tumeshwari Belchandan W/o Shri Bhupendra Belchandan, Aged About
40 Years, Working As Lecturer (L.B.) And Posted At Govt. High School
Sonhpur, District Balod, Chhattisgarh.
---- Petitioners
Versus
1. State Of Chhattisgarh Through Secretary, Department Of Panchayat
And Rural Development, Mahanadi Bhawan, Mantralaya New Raipur,
District Raipur, Chhattisgarh.
2. Director, Panchayat Department, Raipur, District Raipur, Chhattisgarh.
3. Chief Executive Officer, Zila Panchayat Rajnandgaon, District
Rajnandgaon, Chhattisgarh.
4. Chief Executive Officer, Zila Panchayat Balod, District Balod,
Chhattisgarh.
---- Respondents
For Petitioners : Mr. Ajay Shrivastava, Advocate For State : Mr. Suyash Dhar, P.L.
Hon'ble Shri Justice P. Sam Koshy Order On Board
04.10.2021
1. The limited grievance which the petitioners have raised in the present
writ petition is the benefits which arise, by virtue of the order passed by
this Court in the case of Mukesh Kumar Patel & another Vs. State of
Chhattisgarh & another in WPS No. 2530/2017 decided on 28.11.2017
as regards granting of the benefit of revised pay scale on completion
of 8 years of service.
2. According to the petitioners, the grievance which now remains is that
the benefit is being provided to the petitioners prospectively and though
the respondents have made a calculation which the petitioners were
entitled from the date of their completion of 8 years of service but no
effective order has been passed nor has the department taken any step
for releasing the arrears of payment. The petitioners pray for an
appropriate direction to the respondents for releasing the said amount.
3. Without entering into the merits of the case and taking into
consideration the judgment of this Court in the case of Mukesh Kumar
Patel (Supra) which has also been affirmed by the Division Bench and
also taking note of the fact that the respondents have complied with the
order to the extent of granting revised pay scale to the petitioners, let
the respondents 2 to 4 take an appropriate decision at the earliest as
regards releasing of the arrears of payment which the petitioners are
entitled for. Expecting a decision from the respondents within a period
of 90 days from the date of receipt of a copy of this order, the writ
petition stands disposed of.
Sd/-
P. Sam Koshy Judge Khatai
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