Kedar Singh vs State Of Chhattisgarh
2022 Latest Caselaw 1752 Chatt

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                                                                        NAFR

            HIGH COURT OF CHHATTISGARH AT BILASPUR

                          WPS No. 2159 of 2022
    Mahipal Minj S/o Late Shri Yakub Minj, Aged About 46 Years
     Lecturer (L.B.), Govt. High School, Navaparakhurd, Block
     Ambikapur, District Sarguja, (C.G.)
                                                             ---- Petitioner
                                    Versus
   1. State Of Chhattisgarh Through The Secretary, Department Of
      Panchayat And Rural Development, Mantralaya, Mahanadi
      Bhawan, Nava Raipur, Atal Nagar, District Raipur (C.G.)
   2. The Secretary, Department Of Education, Mantralaya, Mahanadi
      Bhawan, Nava Raipur, Atal Nagar, District Raipur (C.G.)
   3. Commissioner-Cum-Director Directorate Of Panchayat, Atal Nagar
      Raipur, District Raipur (C.G.)
   4. Chief Executive Officer, Zila Panchayat, Ambikapur, District Surguja
      (C.G.)
   5. District Education Officer, Ambikapur, District Surguja (C.G.)
                                                          ----Respondents

WPS No. 2175 of 2022  Kedar Singh S/o Jagbandhan Singh Aged About 46 Years Teacher(L.B.), Govt. Middle School, Amdala, Block Lakhanpur, District- Sarguja (C.G.)

---- Petitioner Versus

1. State Of Chhattisgarh Through- The Secretary, Department Of Panchayat And Rural Development, Mantralaya Mahanadi Bhawan, Nava Raipur, Atal Nagar, District- Raipur (C.G.)

2. The Secretary Department Of Education , Mantralaya Mahanadi Bhawan, Nava Raipur, Atal Nagar, District- Raipur (C.G.)

3. Commissioner-Cum-Director Directorate Of Panchayat, Atal Nagar Raipur, District- Raipur (C.G.)

4. Chief Executive Officer Zila Panchayat, Ambikapur, District- Surguja (C.G.)

5. District- Education Officer Ambikapur, District- Surguja (C.G.)

---- Respondents

For Petitioners : Mr. C. Jayant K. Rao, Advocate For State : Ms. Sunita Jain, G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 31/03/2022

1. The limited grievance, which the petitioners have raised in the present writ petitions 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} have been granted benefit of revised pay-scale on completion of 8 years of service.

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 their completion of 8 years of service, but no effective orders have 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 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 is concerned, which the petitioners are entitled for. The petitioners are also directed to furnish the 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 90 days from the date of receipt of a copy of this order and/or from the date of receiving representation of the petitioners.

4. The writ petitions are accordingly stand disposed of.

Sd/-

(P. Sam Koshy) Judge Ved