Yogendra Kumar Shivna vs State Of Chhattisgarh
2021 Latest Caselaw 2492 Chatt

                                         1

                                                                            NAFR
            HIGH COURT OF CHHATTISGARH, BILASPUR

                       Writ Petition (S) No. 5071 of 2021

   1. Yogendra Kumar Shivna S/o Dhiruram, Aged About 32 Years, Working As
      Teacher (L.B.), Govt. Middle School, Bargaon, Block Berla, District -
      Bemetara (Chhattisgarh)

   2. Jiwadhan Lal Dewangan S/o Takhat Ram Dewangan, Aged About 37
      Years, Working As Lecturer (L.B.), Govt. Higher Secondary School,
      Lenjwara, Block Berla, District - Bemetara (Chhattisgarh)

   3. Ajay Kumar Sahu S/o Mithlesh Sahu, Aged About 41 Years, Working As
      Lecturer (L.B.), Govt. Higher Secondary School, Kathiya Ranka, Block
      Berla, District - Bemetara (Chhattisgarh)

   4. Shilpa Gupta W/o Shri Suraj Gupta, Aged About 35 Years, Working As
      Teacher (L.B.), Govt. Middle School, Tiwraiya, Block Berla, District -
      Bemetara (Chhattisgarh)

   5. Harish Kumar Dewangan S/o Kanhaiya Lal Dewangan, Aged About 35
      Years, Working As Teacher (L.B.), Govt. Middle School, Lawatara, Block
      Berla, District - Bemetara (Chhattisgarh)                   ---- Petitioners

                                       Versus

   1. State Of Chhattisgarh Through Secretary, Department Of School
      Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur
      (Chhattisgarh)

   2. Secretary,   Department     Of    Panchayat   And    Rural    Development,
      Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur (Chhattisgarh)

   3. Commissioner-Cum-Director, Directorate Of Panchayat, Atal Nagar, Naya
      Raipur, District Raipur (Chhattisgarh)

   4. Chief Executive Officer, Jila Panchayat, Bemetara, District Bemetara
      (Chhattisgarh)

   5. District Education Officer, Bemetara, District- Bemetara (Chhattisgarh)

                                                               ---- Respondents

For Petitioners : Mr. Harish Khuntiya, Advocate For State : Mr. Ayaz Naved, Govt. Advocate

Hon'ble Shri Justice P. Sam Koshy Order On Board 22.09.2021

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