Citation : 2021 Latest Caselaw 2170 Chatt
Judgement Date : 6 September, 2021
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (S) No. 4719 of 2021
1. Smt. Chandrakanta Sidar W/o Shri Awadh Ram Sidar, Aged About 41
Years Presently Working As Lecturer (L.B.) At Govt. Higher Secondary
School, Tarapur, District Raigarh Chhattisgarh
2. Smt. Manju Patel W/o Shri Awadh Ram Sidar, Aged About 42 Years
Presently Working As Lecturer (L.B.) At Govt. Higher Secondary
School, Tarapur, District Raigarh Chhattisgarh
3. Chandrashekhar Patel S/o Daitari Prasad Patel, Aged About 52 Years
Presently Working As Lecturer (L.B.) At Govt. Higher Secondary
School, Tarapur, District Raigarh Chhattisgarh
4. Phanendra Kumar Patel S/o Rup Ram Patel, Aged About 43 Years
Presently Working As Lecturer (L.B.) At Govt. Higher Secondary
School, Tarapur, District Raigarh Chhattisgarh
5. Smt. Mamta Patel W/o Shri Kiran Kumar Patel, Aged About 52 Years
Presently Working As Lecturer (L.B.) At Govt. High School, Kulba,
District Raigarh Chhattisgarh
6. Dori Lal Sahu S/o Late Lalit Ram Sahu, Aged About 45 Years
Presently Working As Assistant Teacher (L.B.) At Govt. Higher
Secondary School, Kantahardi, District Raigarh Chhattisgarh
---- Petitioners
Versus
1. State Of Chhattisgarh Through The Secretary, Department Of
Panchayat And Rural Development Mantralaya, Mahanadi Bhawan,
Nava Raipur, Atal Nagar, District Raipur Chhattisgarh
2. The Secretary, Department Of Education, Mantralaya, Mahanadi
Bhawan, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh
3. Commissioner Cum Director, Directorate Of Panchayat Atal Nagar,
Raipur, District Raipur Chhattisgarh
4. Chief Executive Officer, Zila Panchayat, Raigarh, District Raigarh
Chhattisgarh
5. District Education Officer, Raigarh, District Raigarh Chhattisgarh
2
---- Respondents
For Petitioners : Mr. C. Jayant K. Rao, Advocate For State : Mr. Suyash Dhar, P.L.
Hon'ble Shri Justice P. Sam Koshy Order On Board 06.09.2021
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 & 3 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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