Smt Domnica Tirkey vs State Of Chhattisgarh
2021 Latest Caselaw 2323 Chatt

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                                                                               NAFR
               HIGH COURT OF CHHATTISGARH AT BILASPUR
                              WPS No. 4876 of 2021
      Smt Domnica Tirkey W/o Asim Tirkey Aged About 41 Years Presently
      Working As Lecturer (L.B.) At Govt. Girls Higher Secondary School,
      Bagicha, District Jashpur Chhattisgarh

                                                                    ---- Petitioner

                                      Versus

   1. State Of Chhattisgarh Through The Secretary, Urban Administration And
      Development Department Mantralaya, Mahanadi Bhawan, Naya Raipur,
      District Raipur Chhattisgarh

   2. Secretary Education Department Mantralaya, Mahanadi Bhawan, Naya
      Raipur, District Raipur Chhattisgarh

   3. Secretary Department Of Panchayat And Rural Development Mantralaya,
      Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh

   4. Commissioner Cum Director Directorate Of Panchayat, Naya Raipur,
      District Raipur Chhattisgarh

   5. Chief Municipal Officer Nagar Panchayat, Bagicha, District Jashpur
      Chhattisgarh

   6. District Education Officer Jashpur, District Jashpur Chhattisgarh

                                                                 ---- Respondents

      For Petitioner              :      Mr. CJK Rao, Advocate
      For State                   :      Ms. Binu Sharma, PL

                       Hon'ble Shri Justice P. Sam Koshy
                                Order on Board

14.09.2021

1. The grievance of the petitioner is that the petitioner was initially appointed

on the post of Shiksha Karmi Grade-III on 09/06/2009. Subsequently, she

again joined on the post of Shiksha Karmi Grade-I on 30/09/2013 and

therefore she completed 8 years of service from the initial appointment

and entitled to receive the revised pay-scale from 09/06/2017, however,

the same has been granted from 08/04/2019.

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 of2019 &

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 Rohit