Deepak Shukla vs State Of Chhattisgarh
2022 Latest Caselaw 1109 Chatt

                                           1



                                                                              NAFR

             HIGH COURT OF CHHATTISGARH, BILASPUR

                                   WPS No. 1159 of 2022

     1. Deepak Shukla S/o Shri Krishna Shukla Aged About 45 Years Working As
        Teacher (L.B.) Govt. Middle School Tohadi, Block Nawagarh, District -
        Bemetara, Chhattisgarh

     2. Mahesh Kumar Thakur S/o Shri Khedu Ram Thakurr Aged About 37 Years
        Working As Lecturer (L.B.) Govt. Middle School Kohadiya, Block Berla,
        District - Bemetara, Chhattisgarh

                                                                     ---- Petitioners

                                       Versus

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

     2. Secretary Department Of Panchayat And Rural Development, Mantralaya,
        Mahanadi Bhawan, Atal Nagar Naya Raipur Chhattisgarh.

     3. Commissioner -Cum-Director Directorate Of Panchayat, Atal Nagar, Naya
        Raipur, District Raipur Chhattisgarh.

     4. Director Public Instructions Raipur District Raipur - Chhattisgarh.

     5. Collector Bemetaram District -Bemetara Chhattisgarh.

     6. Chief Executive Officer Jila Panchayat, Bemetara, District - Bemetara
        Chhattisgarh.

     7. District Education Officer Bemetara, District - Bemetara Chhattisgarh.

                                                                   ---- 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