Chattisgarh High Court
Ashwini Kumar Kaushik vs State Of Chhattisgarh on 2 February, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 587 of 2022
• Ashwini Kumar Kaushik S/o Late Chatur Singh Kaushik Aged About 40 Years
Teacher (L.B.), Govt. Midle School Gochhiya, Block- S. Lohara, District-
Kabirdham, Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through- The Secretary, Department Of Panchayat And
Rural Development, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar,
District- Raipur, Chhattisgarh
2. The Secretary, Department Of Education, Mantralaya, Mahanadi Bhawan,
Nava Raipur, Atal Nagar, District- Raipur, Chhattisgarh
3. Commissioner-Cum-Director, Directorate Of Panchayat, Atal Nagar, Raipur,
District- Raipur, Chhattisgarh
4. Chief Executive Officer, Zila Panchayat, Kabirdham, District- Kabirdham,
Chhattisgarh
5. District Education Officer, Kabirdham, District- Kabirdham, Chhattisgarh
---- Respondents
For Petitioner : Shri CJK Rao, Advocate
For State : Shri Suyash Dhar, Panel Lawyer
S.B.: Hon'ble Shri Justice Sanjay K. Agrawal
Order On Board
(Through Video Conferencing)
02/02/2022
Heard.
1. The limited grievance, which the petitioner has 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} has been granted benefit of revised pay-scale on completion of 8
years of service.
2. Learned counsel for the petitioner 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 from the date of his completion of 8 years of service, but no effective
order has been passed nor the department has taken any steps for release of
the arrears of payment. The petitioner 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 Kumar 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 petitioner, let respondents 2 & 3 take appropriate decision at the
earliest, so far as release of arrears of payment is concerned, which the
petitioner is entitled for. The petitioner is also directed to move representation
before the said authorities as well. It is expected from the concerned
authorities that the authorities shall take 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
receiving representation of the petitioner.
4. The writ petition accordingly stands disposed off.
Sd/-
( Sanjay K. Agrawal )
Judge
Deepti
