Hemant Kumar Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 114 Chatt

                                       1


                                                                                NAFR

           HIGH COURT OF CHHATTISGARH, BILASPUR

                                 WPS No. 35 of 2022

1. Hemant Kumar Sahu S/o Trilochan Ram, Aged About 32 Years Working As
   Assistant Teacher (L.B.) And Posted At Govt. Higher Secondary School Kurra,
   Block Dhamtari, District Dhamtari (C.G.)

2. Chandrawati Sahu, W/o Sohan Lal, Aged About 33 Years Working As Assistant
   Teacher (L.B.) And Posted At Govt. Higher Secondary School Dahi, Block
   Dhamtari, District Dhamtari (C.G.)

3. Madhulata Tripathi, D/o Shiv Prasad Tripathi Aged About 37 Years Working As
   Assistant Teacher (L.B.) And Posted At Govt. Higher Secondary School Dahi,
   Block Dhamtari, District Dhamtari (C.G.)

4. Kamlesh Kanwar, S/o Shri Manohar Kanwar, Aged About 32 Years Working As
   Assistant Teacher (L.B.) And Posted At Govt. Higher Secondary School Dahi,
   Block Dhamtari, District Dhamtari (C.G.)

5. Padmani Sahu W/o Vivek Prakash Sahu, Aged About 38 Years Working As
   Assistant Teacher (L.B.) And Posted At Govt. Middle School Tendukonha Block
   Dhamtari, District Dhamtari (C.G.)

6. Heera Lal Sahu W/o Fanindra Kumar Sahu Aged About 54 Years Working As
   Assistant Teacher (L.B.) And Posted At Govt. M.S Barana, Block Dhamtari,
   District Dhamtari (C.G.)

7. Anima Sosan Beck W/o Vijay Amrit Raj Beck Aged About 43 Years Working As
   Lecturer (L.B.) And Posted At Govt. Higher Secondary School Dahi, Block
   Dhamtari, District Dhamtari (C.G.)

8. Mateshwari Diwan W/o Harishankar Diwan Aged About 40 Years Working As
   Lecturer (L.B.) And Posted At Govt. Higher Secondary School Demar, Block
   Dhamtari, District Dhamtari (C.G.)

                                                                    ---- Petitioners

                                    Versus

1. State Of Chhattisgarh Through Secretary, Department Of Panchayat Mahanadi
   Bhawan, Mantralaya New Raipur, District Raipur (C.G.)

2. Director, Panchayat Department, Indravati Bhawan, Raipur, District Raipur
   Chhattisgarh

3. Chief Executive Officer, Zila Panchayat Dhamtari, District Dhamtari (C.G.)

4. Block Education Officer, Block, District Dhamtari (C.G.)

                                                                  ---- Respondents

For Petitioners : Shri Ajay Shrivastava, Advocate For State : Shri Amit Buxy, Panel Lawyer

S.B.: Hon'ble Shri Justice Goutam Bhaduri

Order On Board

07/01/2022

Heard.

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} is that the

petitioner has been granted benefit of revised pay-scale on completion of 8 years of

service but arrears from the date of completion of 8 years has not been granted.

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 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 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 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 petitioners, let

respondents No.2 to 4 take an appropriate decision at the earliest, so far as release of

the arrears of payment is concerned, which the petitioners is entitled for. The

petitioners are also directed to make 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 120 days from the date of receipt of copy of this order and / or from

the date of receiving representation of the petitioners.

4. The writ petition is accordingly stands disposed off.

Sd/-

( Goutam Bhaduri ) Judge

Deepti