Chattisgarh High Court
Ashutosh Pandey vs State Of Chhattisgarh on 9 May, 2022
1
N/AFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WRIT PETITION (S) NO. 3379 OF 2022
• Ashutosh Pandey, S/o Shri Shivprasad Pandey, aged about 42 years,
working as Lecturer L.B., Panchayat Government Higher Secondary School,
Puhputra, Block Lakhanpur, District Surguja (C.G.)
... Petitioner
versus
1. State of Chhattisgarh, through: the Secretary, Department of Panchayat
and Rural Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava
Raipur, District Raipur (C.G.)
2. The Secretary, Department of Education, Mantralaya, Mahanadi Bhawan,
Atal Nagar, Nava Raipur, District Raipur (C.G.)
3. Commissioner-Cum-Director, Directorate of Panchayat, Atal Nagar, Raipur
District Raipur (C.G.)
4. Chief Execution Officer, Zila Panchayat, Ambikapur, District Surguja (C.G.)
5. District Education Officer, Ambikapur, District Surguja (C.G.)
...Respondents
For Petitioner : Mr. Rahul Mishra, Advocate.
For Respondents/State : Mr. Avinash Singh, Panel Lawyer.
Hon'ble Shri Justice P. Sam Koshy
Order on Board
[09/05/2022]
1. Grievance of the Petitioner in the present Writ Petition is that he was
initially appointed on the post of Shiksha Karmi Grade-III on 8.10.2007.
Subsequently, he joined on the post of Shiksha Karmi Grade-II on 6.8.2008.
Thereafter, he was appointed as Shiksha Karmi Grade-I vide a fresh order of
appointment, dated 29.9.2008. Therefore, after completion of 8 years of service
on 9.10.2015 from the initial appointment, he was entitled to receive the revised
pay-scale, however, the same has been granted from 28.5.2019.
2. Learned Counsel for Petitioner submits that similarly situated persons had
filed W.P.(S) No.95/2019 and W.P.(S) No.99/2019 for grant of arrears of pay
scales, wherein this Court has passed the following order :
"2. The limited grievance which the petitioner has raised in this writ
petition by virtue of 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.
3. 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 for from the date of his completion of 8 years of
service but no effective orders have been passed nor have department
taken any steps for release of the arrears of payment. The petitioner prays
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 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 an appropriate decision at the earliest so far as release of the arrears
of payment which the petitioners are entitled for. Excepting a decision from
the respondents within a period of 90 days from the date of receipt of copy
of this order, the present writ petition stands disposed off."
3. Learned State Counsel do not dispute the fact that similar issue raised in
this case has been decided by this Court in W.P(S) No.95/2019 & W.P.(S)
No.99/2019.
4. The Order passed in W.P.(S) No.95/2019 and W.P.(S) No.99/2019 shall
also be applicable to the case of present Petitioner. It is directed that the
Respondents No.3 & 4 shall take appropriate decision at the earliest for releasing
the arrears of payment which the Petitioner is entitled for. It is expected that a
decision shall be taken in this regard within a period of 90 days from the date of
receipt of copy of this Order.
5. With aforesaid direction/observation, the Writ Petition stands disposed of.
Sd/-
(P. Sam Koshy)
/sharad/ JUDGE
