Smt. Kavita Gayakwad vs State Of Chhattisgarh
2022 Latest Caselaw 7146 Chatt

                                                                 NAFR
          HIGH COURT OF CHHATTISGARH, BILASPUR

                       WPS No. 8073 of 2022
   •   Smt. Kavita Gayakwad W/o Shri B. R. Gayakwad Aged About
       45 Years Working As Lecturer (L. B.), Govt. Higher Secondary
       School, Khalari Block- Dondi, District : Balod, Chhattisgarh

                                                        ---- Petitioner

                                Versus

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

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

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

   4. Chief Executive Officer Jila Panchayat Balod, District : Balod,
      Chhattisgarh

   5. District Education Officer Balod, District : Balod, Chhattisgarh

                                                      ....Respondents

For Petitioner : Mr. Harish Khuntiya, Advocate For Respondents : Mr. Akash Pandey, Panel Lawyer

Hon'ble Mr. Justice Parth Prateem Sahu Order On Board

29/11/2022

1. Petitioner has filed this writ petition with a limited prayer that petitioner be granted benefit of revised pay-scale from the date of completion of 08 years of service by her.

2. Learned counsel for the petitioner submits that vide order dated 26.7.2005 petitioner was appointed as Teacher and completed eight years of service on 26.5.2013. Pursuant to order dated 26.11.2017 passed by Co-ordinate Bench in WPS No.2530/2017, Mukesh Kumar Patel Vs. State of Chhattisgarh, granting benefit of revised pay-scale to Teachers (LB) and Lecturer (LB) on completing 08 years of service, petitioner was granted benefit of revised pay-scale vide order dated 23.1.2019. Though the respondents have made a calculation that the petitioner is entitled from the date of her completion of 8 years of service, but no effective order has been passed nor department has taken any steps for release of arrears of difference of payment. The petitioner pray for appropriate direction to the respondents for releasing 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 taking note of the fact that 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 revised pay scale. The petitioner is also permitted to move fresh 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 petitioner

4. The writ petition accordingly stands disposed of.

5. Certified copy as per rules

Sd/-

(Parth Prateem Sahu) Judge roshan/-