Citation : 2022 Latest Caselaw 2693 Chatt
Judgement Date : 26 April, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 2971 of 2022
Baldau Prasad Patel S/o Harprasad Patel, Aged About 44 Years Working
As Lecturer (L.B.), Govt. Higher Secondary School, Magarghata, Block
Nawagarh, District Bemetara Chhattisgarh, District : Bemetara,
Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, School Education
Department, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, P.S. Rakhi,
District Raipur Chhattisgarh, District : Raipur, Chhattisgarh
2. The Secretary, Panchayat And Rural Development Department,
Mahanadi Bhawan, Nawa Raipur, Atal Nagar, P.S. Rakhi, District Raipur
Chhattisgarh, District : Raipur, Chhattisgarh
3. The Commissioner-Cum-Director, Directorate Of Panchayat, Nawa
Raipur, Atal Nagar, P.S. Rakhi, District Raipur Chhattisgarh, District :
Raipur, Chhattisgarh
4. The Chief Executive Officer, Zila Panchayat, District Bemetara
Chhattisgarh, District : Bemetara, Chhattisgarh
5. The District Education Officer, District Bemetara Chhattisgarh, District :
Bemetara, Chhattisgarh
6. The Block Education Officer, Nawagarh, District Bemetara
(Chhattisgarh), District : Bemetara, Chhattisgarh
---- Respondent
WPS No. 2975 of 2022 Gopal Singh Sahu S/o Shri Shyam Lal Sahu Aged About 44 Years Working As Lecturer (L.B.), Govt. Higher Secondary School, Magarghata, Block Nawagarh, District Bemetara Chhattisgarh.
---- Petitioner Versus
1. State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, P.S. Rakhi, District Raipur Chhattisgarh.
2. The Secretary Panchayat And Rural Development Department, Mahanadi Bhawan, Nawa Raipur, Atal Nagar P.S. Rakhi, District Raipur Chhattisgarh.
3. The Commissioner Cum Director Directorate Of Panchayat, Nawa Raipur, Atal Nagar, P.S. Rakhi, District Raipur Chhattisgarh.
4. The Chief Executive Officer Zila Panchayat District Bemetara Chhattisgarh.
5. The District Education Officer District Bemetara Chhattisgarh.
---- Respondent
For Petitioner : Mr. Aman Kesharwani, Advocate For State : Mr. R.M. Solapurkar, Govt. Advocate
Hon'ble Shri Justice P. Sam Koshy Order on Board 26/04/2022
1. The limited grievance, which the petitioners have raised in the present writ petition by virtue of the 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} have been granted benefit of revised pay-scale on completion of 8 years of service.
2. Learned counsel for the petitioners submits that 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 orders have been passed nor the department has taken any steps for release of the arrears of payment. The petitioners pray for 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 Patel (Supra), which has also been affirmed by the Division Bench and taking note of the fact that respondents have complied with the order to the extent of granting revised pay scale to the petitioners, let respondents No.2 & 3 take an appropriate decision at the earliest, so far as release of the arrears of payment is concerned, which the petitioners are entitled for. The petitioners are also directed to furnish the representation before the said authorities as well. It is expected from the concerned authorities that they shall take decision in this regard within a period of 90 days from the date of receipt of a copy of this order and/or from the date of receiving representation of the petitioners.
4. The writ petition is accordingly stands disposed of.
Sd/-
(P. Sam Koshy) Judge Ved
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