Premlata Khobragade vs State Of Chhattisgarh
2022 Latest Caselaw 1108 Chatt

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                                                                                 NAFR

             HIGH COURT OF CHHATTISGARH, BILASPUR

                                   WPS No. 1177 of 2022

     1. Premlata Khobragade D/o Banshilal, Aged About 48 Years Working As
        Lecturer (L.B.) Govt. Higher Secondary School Bharritola, Block - Dondi
        District- Balod (C.G.)

     2. Smt. Yanchhu Chandrakar W/o Shri Bhimendra Chandrakar, Aged About
        43 Years Working As Lecturer (L.B.) Govt. Higher Secondary School,
        Rahud, Block - Gunderdehi District- Balod (C.G.)

     3. Smt. Chanda Kumari Singh W/o Shri Rajilal Singh, Aged About 50 Years
        Working As Lecturer (L.B.) Govt. Higher Secondary School, Rahud, Block -
        Gunderdehi District- Balod (C.G.)

                                                                        ---- Petitioners

                                        Versus

     1. State Of Chhattisgarh Through Secretary, Department Of School
        Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur (C.G.)

     2. Secretary Department Of Panchayat And Rural Development, Mantralaya,
        Mahanadi Bhawan, Atal Nagar, Naya, 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. Collector Balod, District - Balod (C.G.)

     6. Chief Executive Officer, Jila Panchayat, Balod, District - Balod (C.G.)

     7. District Education Officer, Balod, District - Balod (C.G.)

                                                                       ---- Respondents

For Petitioner : Shri Harish Khuntiya, Advocate For State : Shri Anshuman Shrivastava, Panel Lawyer

S.B.: Hon'ble Shri Justice Sanjay K. Agrawal

Order On Board

02/03/2022

1. Heard.

2. 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 V. State of Chhattisgarh {WPS No.2530/2017, decided on 26.11.2017}, is that the petitioners, in the above case, have been granted benefit of revised pay-scale on completion of 8 years of service.

3. Learned 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 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 arrears of payment. The petitioners pray for appropriate direction to the respondents for releasing the said amount.

4. 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 the 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 petitioners are entitled for. The petitioners are 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 petitioners.

5. The writ petition, accordingly, stands disposed off.

Sd/-

( Sanjay K. Agrawal ) Judge

Deepti