Citation : 2022 Latest Caselaw 3141 Chatt
Judgement Date : 29 April, 2022
1
N/AFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WRIT PETITION (S) NO. 3079 OF 2022
• Bhupendra Kumar Shriwas, S/o Madan Lal Shriwas, aged about 41 years,
working as Lecturer (L.B.), Govt. Higher Secondary School, Magarghata, Block
Nawagarh, District Bemetara (C.G.) ... Petitioner
versus
1. State of Chhattisgarh, through: Secretary, Department of School
Education, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, PS Rakhi, District
Raipur (C.G.)
2. The Secretary, Department of Panchayat and Rural Development,
Mahanadi Bhawan, Atal Nagar, Nawa Raipur, PS Rakhi, District: Raipur (C.G.)
3. The Commissioner-cum-Director, Directorate of Panchayat, Atal Nagar,
Nawa Raipur, PS Rakhi, District: Raipur (C.G.)
4. Director, Public Instructions, Raipur, District Raipur (C.G.)
5. Chief Executive Officer, Jila Panchayat, District Bemetara (CG)
6. District Education Officer, District Bemetara (CG) ...Respondents
For Petitioner : Mr. Aman Kesharwani, Advocate.
For Respondents/State : Mr. Anshuman Shrivastava, Panel Lawyer.
Hon'ble Shri Justice P. Sam Koshy Order on Board [29/04/2022]
1. The limited grievance which the Petitioner has raised in the present Writ
Petition, by virtue of Order passed by this Court in the case of "Mukesh Kumar
Patel & Another Vs. State of Chhattisgarh & Another", WPS No. 2530/2017,
decided on 28.11.2017, is for grant of benefit of revised pay scale on completion
of 8 years of service.
2. Learned Counsel for Petitioner submits that the grievance which now
remains is that the benefit is being provided to Petitioner prospectively. Though
Respondents have made a calculation which Petitioner was entitled for from the
date of completion of 8 years of service but no effective orders have been passed
nor has the Department taken any step for releasing the arrears of payment.
Petitioner therefore prays for appropriate direction to Respondents for releasing
the said amount.
3. Without entering into the merits of the case and taking into consideration
the judgment of this Court rendered 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 Petitioner, let Respondents No.2 & 3 take appropriate decision at the
earliest so far as release of arrears of payment which the Petitioner is entitled for.
4. Petitioner is also directed to furnish a representation before the said
Authorities as well. It is expected from the Authorities concerned that they shall
take a decision in this regard within a period of 90 days from the date of receipt of
copy of this Order and/or from the date of receipt of the representation of the
Petitioner.
5. With aforesaid direction/observation, the Writ Petition stands disposed of.
Sd/-
(P. Sam Koshy) /sharad/ JUDGE
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