Citation : 2022 Latest Caselaw 7293 Chatt
Judgement Date : 5 December, 2022
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (S) No. 8428 of 2022
1. Mrs. Durga Sahu W/o Mr. Bhim Ram Sahu Aged About 37 Years
Post Lecturer (Local Body), Post At Swami Atmanand
Government Hindi Medium School Pataud, Block Kanker ,
District Uttar Baster Kanker Chhattisgarh., District : Kanker,
Chhattisgarh
2. Mrs. Neelmanee Sahu W/o Mr. Jagat Guru Swami Sahu Aged
About 37 Years Post Lecturer (Local Body), Post At Government
Higher Secondary School Nathiya Nawagaon, Block Kanker ,
District Uttar Baster Kanker Chhattisgarh.
3. Rohit Kumar Bhourya S/o Mr. Tula Ram Bhourya Aged About 46
Years Post Lecturer (Local Body), Post At Government Higher
Secondary School Kulhadkatta, Block Antagarh, District Uttar
Baster Kanker Chhattisgarh.
4. Sudarshan Singh Ahir S/o Mr. Baijnath Ahir Aged About 50 Years
Post Lecturer (Local Body), Post At Government Higher
Secondary School Basanwahi, Block Narharpur , District Uttar
Baster Kanker Chhattisgarh.
5. Taran Singh Gote S/o Mr. Bhaiya Ram Gote Aged About 51
Years Post Lecturer (Local Body), Post At Government Higher
Secondary School Basanwahi, Block Narharpur , District Uttar
Baster Kanker Chhattisgarh.
6. Naresh Kumar Sonker S/o Mr. Ratan Sonker Aged About 38
Years Post Teacher (Local Body), Post At Government Upper
Primary School Chikhli, Block Durgukondal , District Uttar Baster
Kanker Chhattisgarh.
7. Dharamweer Singh Netam S/o Mr. Punit Ram Netam Aged About
42 Years Post Lecturer (Local Body), Post At Government Higher
Secondary School Chikhli, Block Durgukondal , District Uttar
Baster Kanker Chhattisgarh.
8. Shatrughan Sahu S/o Mr. Pardeshi Ram Aged About 39 Years
Post Teacher (Local Body), Post At Government Upper Primary
School Kodapakha, Block Durgukondal , District Uttar Baster
Kanker Chhattisgarh.
---- Petitioners
Versus
1. State Of Chhattisgarh Through The Secretary, Education
Department, Mantralaya, Naya Raipur District Raipur
Chhattisgarh., District : Raipur, Chhattisgarh
2. Secretary Panchayat And Rural Development Department,
Mantralaya , Naya Raipur,district Raipur Chhattisgarh.
3. Director Panchayat And Rural Development Department,
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Mantralaya , Naya Raipur,district Raipur Chhattisgarh.
4. District Education Officer District Uttar Baster Kanker
Chhattisgarh.
5. Zila Panchayat Uttar Baster Kanker Through Its Chief Executive
Officer, Zila Panchayat , District Uttar Baster Kanker
Chhattisgarh., District : Kanker, Chhattisgarh
---- Respondents
For Petitioners : Mr. Parag Kotecha, Advocate For State : Mr. Ajay Kumrani, Panel Lawyer
Hon'ble Shri Justice Narendra Kumar Vyas Order on Board
05.12.2022
1. The limited grievance which the petitioners have raised in this present 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 have been granted benefit of revised pay scale on completion of 8 years of service.
2. The counsel for the petitioners 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 their 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 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 which the petitioners are entitled for. Expecting 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.
Sd-
(Narendra Kumar Vyas) Judge kishore
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