Chattisgarh High Court
Santosh Kumar Thakur vs State Of Chhattisgarh on 27 October, 2021
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 5984 of 2021
• Santosh Kumar Thakur S/o Shri Shankar Prasad Thakur Aged About 44 Years
Working As Teacher (L.B.) At Govt. Middle School Gurda, Block Kharsia,
District- Raigarh, Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Department Of School
Education, Mahanadi Bhawan, Mantralaya, Naya Raipur, District- Raipur,
Chhattisgarh
2. Secretary Department Of Panchayat And Rural Development, Mahanadi
Bhawan, Mantralaya, Naya Raipur, District- Raipur, Chhattisgarh
3. Commissioner Cum Director Directorate Of Panchayat, Atal Nagar New
Raipur, District- Raipur, Chhattisgarh
4. Chief Executive Officer Zila Panchayat Raigarh, District- Raigarh,
Chhattisgarh
5. District Education Officer District- Raigarh, Chhattisgarh
6. Block Education Officer Kharsia, District- Raigarh, Chhattisgarh
---- Respondents
For Petitioner : Shri Govind Dewangan, Advocate
For State : Shri Ghanshyam Patel, Govt. Adv.
S.B.: Hon'ble Shri Justice Sanjay K. Agrawal
Order On Board
27/10/2021
Heard.
1. Learned counsel for the petitioner would submit that the issue raised in this
petition is covered by decision rendered by this Court in the case of Nehru Singh
Kanvar v. State of Chhattisgarh and ors.( WPS No.122/2020).
2. Relevant paragraphs are quoted as under -
"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. xxx xxx xxx xxx
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."
3. This petition is disposed of in terms of order passed in the case of Nehru
Singh Kanvar (supra). No order as to cost(s).
Sd/-
( Sanjay K. Agrawal )
Judge
Deepti
