Chattisgarh High Court
Smt. E.M.Dipti Tirkey vs State Of Chhattisgarh on 13 May, 2022
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NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WWPS No. 3517 of 2022
1. Smt. E.M.Dipti Tirkey W/o Shri Ashishan Tirkey Aged About 40 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.), District : Raipur, Chhattisgarh
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 : Shri Rahul K Mishra, Advocate.
For State : Shri Ishan Verma, P.L.
Hon'ble Shri Justice P. Sam Koshy
Order on Board
13.05.2022 .
1. The grievance of the petitioner is that the petitioner was initially
appointed on the post of Shiksha Karmi Grade-II on 10.06.2005.
Subsequently, she joined on the post of Shiksha Karmi Grade-I on
17.12.2007. Therefore, after completion of 8 years of service on
20.06.2013 from the initial appointment, she was entitled to receive
the revised pay-scale, however, the same has been granted from
28.05.2019.
2. Learned counsel for the petitioner submits that similarly situated
persons have filed WPS No.95 of 2019 and WPS No.99 of 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 the similar issue
raised in this case has been decided by this Court in W.P(S) No.95
of 2019 & WPS No.99 of 2019.
4. The order passed in WPS No. 95 of 2019 and WPS No.99 of 2019
(supra) shall also be applicable to the case of present writ petition. It
is directed that respondents 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 within a
period of 90 days from the date of receipt of this order.
5. With the above observations, this writ petition stands finally disposed
of.
Sd/-
(P. Sam Koshy)
Judge
Jyotijha
