Manoj Kumar Ekka vs State Of Chhattisgarh
2022 Latest Caselaw 3142 Chatt

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                                                                                   N/AFR
                 HIGH COURT OF CHHATTISGARH AT BILASPUR
                      WRIT PETITION (S) NO. 3142 OF 2022
1.      Manoj Kumar Xalxo, S/o Shri Chaha Ram Ekka, aged about 47 years,
working as Teacher (L.B.), Govt. Middle School Girjapur, Block Shankargarh,
District Balrampur (C.G.)
2.      Hilariyus Tirkey, S/o Shri Philmon Tirkey, aged about 44 years, working as
Teacher (L.B.), Govt. Middle School Vinayakpur, Block Shankargarh, District
Balrampur (C.G.)
                                                                          ... Petitioners
                                        versus
1.      State of Chhattisgarh, through: Secretary, Department of School
Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District :
Raipur (C.G.)
2.      Secretary, Department of Panchayat and Rural Development, Mantralaya,
Mahanadi Bhawa, Atal Nagar, Naya Raipur, District: Raipur (C.G.)
3.      Commissioner-cum-Director, Directorate of Panchayat, Atal Nagar, Naya
Raipur, District: Raipur (C.G.)
4.      Director, Public Instructions, Raipur, District Raipur (C.G.)
5.      Chief Executive Officer, Jila Panchayat, Balrampur, District Balrampur (CG)
6.      District Education Officer, Balrampur, District Balrampur (CG)
                                                                      ... Respondents

       For Petitioner               :       Mr. Manoj Chouhan, Advocate.
       For Respondents/State        :       Mr. Avinash Singh, Panel Lawyer.
                         Hon'ble Shri Justice P. Sam Koshy
                                  Order on Board
                                    [29/04/2022]

1. The limited grievance which the Petitioners have 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 Petitioners submits that the grievance which now

remains is that the benefit is being provided to Petitioners prospectively. Though

Respondents have made a calculation which Petitioners were 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.

Petitioners therefore pray 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 Petitioners, let Respondents No.2 & 3 take appropriate decision at the

earliest so far as release of arrears of payment which the Petitioners are entitled

for.

4. Petitioners are 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

Petitioners.

5. With aforesaid direction/observation, the Writ Petition stands disposed of.

Sd/-

                                                                          (P. Sam Koshy)
/sharad/                                                                      JUDGE