Tej Kumar Baxla vs State Of Chhattisgarh
2022 Latest Caselaw 3345 Chatt

                                      1


                                                                          NAFR

              HIGH COURT OF CHHATTISGARH AT BILASPUR

                           WPS No. 3440 of 2022
1.

Tej Kumar Baxla S/o Shri Khurnu Baxla, Aged About 41 Years Working As Lecturer (L.B.) And Posted At Govt. Girls Higher Secondary School Batauli, Block Batauli, District : Surguja (Ambikapur), Chhattisgarh

2. Smt. Anita Lakra W/o Dharmendra Paul Barwa, Aged About 38 Years Working As Lecturer (L.B.) And Posted At Govt. Girls Higher Secondary School Darima, Block Ambikapur, District : Surguja (Ambikapur), Chhattisgarh

3. Smt. Juleta Kujur W/o George Nakar Kujur, Aged About 46 Years Working As Lecturer (L.B.) And Posted At Govt. High School Bilaspur, Block Batauli District Surguja, Chhattisgarh

4. Keshav Ram Bhagat S/o Late Chutiya Ram Aged About 43 Years Working As Lecturer (L.B.) And Posted At Govt. High School Telaidhar, Block Batauli District Surguja, Chhattisgarh

5. Smt. Sarita Minj D/o Joseph Toppo, Aged About 53 Years Working As Lecturer (L.B.) And Posted At Govt. Girls Higher Secondary School Lundra, Block Lundra , District Surguja, Chhattisgarh

6. Smt. Prema Kujur W/o Pius Kujur, Aged About 46 Years Working As Lecturer (L.B.) And Posted At Govt. High School Bardhih, Block Lundra , District Surguja, Chhattisgarh

7. Smt. Hardip Ekka W/o Pasificus Ekka, Aged About 47 Years Working As P.T.I. (L.B.) And Posted At Govt. Higher Secondary School Bhagwanpur, Block Ambikapur, District Surguja, Chhattisgarh

8. Smt. Amila Kerketta W/o Keshal Ram Aged About 47 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Bargidih, Block Lundra, District Surguja, Chhattisgarh

9. Shri Niranjan Tirkey S/o Late Manoranjan Tirkey, Aged About 48 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Boda, Block Batauli , District Surguja, Chhattisgarh

10. Shri Ramkumar Tirkey S/o Shri Jhadi Ram, Aged About 47 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Boda, Block Batauli , District Surguja, Chhattisgarh

11. Smt. Sunita Painkra W/o Linesh Kumar, Aged About 37 Years Working As Lecturer (L.B.) And Posted At Govt. High School Bilaspur, Block Batauli , District Surguja, Chhattisgarh

12. Shri Sameer Tigga S/o Philip Tigga, Aged About 42 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Bataikela, Block Batauli , District Surguja, Chhattisgarh

13. Neera Preeti Ekka W/o Late Louis Ekka Aged About 50 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Mangari, Block Batauli , District Surguja, Chhattisgarh

14. Smt. Sushma Lakra W/o Sudhir Kumar Kujur Aged About 42 Years Working As Lecturer (L.B.) And Posted At Govt. Boys Higher Secondary School Sitapur, Block Sitapur , District Surguja

15. Smt. Aruna Ekka W/o Vijay Kumar Ekka Aged About 41 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Khaliba, Block Ambikapur, District Surguja, Chhattisgarh

16. Smt. Neelima Sudha Rani Toppo W/o Prem Prakash Minz, Aged About 46 Years Working As Lecturer (L.B.) And Posted At Govt. Girls Higher Secondary School Batauli, Block Batauli , District Surguja, Chhattisgarh

17. Smt. Shanta Toppo W/o Shri Sunil Toppo, Aged About 42 Years Working As Lecturer (L.B.) And Posted At Govt. Boys Higher Secondary School Batauli, Block Batauli , District Surguja, Chhattisgarh

18. Smt. Kiran Lakra W/o Shri Birbal Ekka Aged About 48 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Mangari, Block Batauli , District Surguja, Chhattisgarh

19. Divya Lata Ekka D/o Alphons Ekka, Aged About 36 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Mangari, Block Batauli , District Surguja, Chhattisgarh

20. Shri Deepak Kumar Ekka S/o Alphonse Ekka, Aged About 42 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Bataikela, Block Batauli , District Surguja, Chhattisgarh

21. Byatree Bai W/o Sunil Kumar, Aged About 35 Years Working As Lecturer (L.B.) And Posted At Govt. Girls Higher Secondary School Batauli, Block Batauli , District Surguja, Chhattisgarh

22. Smt. Ram Shila Bhagat W/o Devnandan Ram Bhagat Aged About 35 Years Working As Lecturer (L.B.) And Posted At Govt. Girls Higher Secondary School Batauli, Block Batauli , District Surguja, Chhattisgarh

23. Smt. Kripa Gloria Kerketta W/o Shri Naresh Kerketta, Aged About 41 Years Working As Lecturer (L.B.) And Posted At Govt. High School Belkota, Block Batauli , District Surguja, Chhattisgarh

24. Smt. Baneshri W/o Rajeshwar Prasad Paikra, Aged About 41 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Bargidih, Block Lundra, District Surguja, Chhattisgarh

25. Smt. Manbasiya Lakra W/o Shiv Ram Lakra Aged About 50 Years Working As P.T.I. (L.B.) And Posted At Govt. Girls Higher Secondary School Batauli, Block Batauli , District Surguja, Chhattisgarh

26. Smt. Pushpica Toppo W/o Ashok Toppo, Aged About 41 Years Working As Lecturer (L.B.) And Posted At Govt. High School Bilaspur, Block Batauli , District Surguja, Chhattisgarh

27. Pushkar Prasad Suryawanshi S/o Shri Baldau Ram Aged About 40 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Mangari, Block Batauli , District Surguja, Chhattisgarh

28. Ku. Anjana Kerketta D/o Late Stephen Kerketta, Aged About 39 Years Working As Lecturer (L.B.) And Posted At Govt. Girls Higher Secondary School Batauli, Block Batauli , District Surguja, Chhattisgarh

29. Shri Sanjay Singh Chandel S/o S.S. Chandel, Aged About 46 Years Working As Lecturer (L.B.) And Posted At Govt. Girls High School Telaidhar, Block Batauli , District Surguja, Chhattisgarh

30. Smt. Mukta Kujur D/o Ishak Kujur, Aged About 38 Years Working As Lecturer (L.B.) And Posted At Govt. High School Keshavpur, Block Ambikapur, District Surguja, Chhattisgarh

31. Ku. Jyoti Lakra D/o Late Camil Lakra, Aged About 40 Years Working As Lecturer (L.B.) And Posted At Govt. Girls Higher Secondary School Batauli, Block Batauli , District Surguja, Chhattisgarh

32. Smt. Aruna Rashmi Kerketta W/o Dinesh Kujur, Aged About 39 Years Working As Lecturer (L.B.) And Posted At Govt. Girls Higher Secondary School Batauli, Block Batauli , District Surguja, Chhattisgarh

33. Smt. Premlata Painkra W/o Satyendra Painkra, Aged About 38 Years Working As Lecturer (L.B.) And Posted At Govt. Girls Higher Secondary School Batauli, Block Batauli , District Surguja, Chhattisgarh

---- Petitioner Versus

1. State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Mantralaya New Riapur, District : Raipur, Chhattisgarh

2. Director , Panchayat Department, New Raipur,, District : Raipur, Chhattisgarh

3. Chief Executive Officer, Zila Panchayat Surguja, Ambikapur, District :

Surguja (Ambikapur), Chhattisgarh

4. Block Education Officer, Block Batauli, District : Surguja (Ambikapur), Chhattisgarh

5. Block Education Officer, Block Lundra,, District : Surguja (Ambikapur), Chhattisgarh

6. Block Education Officer, Block Sitapur,, District : Surguja (Ambikapur), Chhattisgarh

7. Block Education Officer, Block Ambikapur, District Surguja, Chhattisgarh

---- Respondent

For Petitioner : Mr. Anant Kumar Kujur, Advocate For State : Mr. Ravi Bhagat, Deputy G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 10/05/2022

1. The limited grievance which the petitioners have raised in the present writ

petition is the benefits which arise, by virtue of the order passed by this

Court in the case of Mukesh Kumar Patel & another Vs. State of

Chhattisgarh & another in WPS No. 2530/2017 decided on 28.11.2017 as

regards granting of the benefit of revised pay scale on completion of 8

years of service.

2. According to the petitioners, 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

order has been passed nor has the department taken any step for

releasing the arrears of payment. The petitioners pray for an 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 also taking note

of the fact that the respondents have complied with the order to the extent

of granting revised pay scale to the petitioners, let the respondents 2 to 4

take an appropriate decision at the earliest as regards releasing of the

arrears of payment which the petitioners are entitled for. Expecting a

decision from the respondents within a period of 90 days from the date of

receipt of a copy of this order, the writ petition stands disposed of.

Sd/-

(P. Sam Koshy) Judge Ved