Vinita Pani vs State Of Chhattisgarh
2023 Latest Caselaw 464 Chatt

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                                                                          NAFR

               HIGH COURT of CHHATTISGARH, BILASPUR
                        Writ Petition (S) No. 616 of 2023
•   Vinita Pani W/o Ramesh Kumar Pani Aged About 53 Years Posted As
    Vyapam Shikshak (L.B.), Government Higher Secondary School,
    Tarapur, District : Raigarh, Chhattisgarh
                                                                ------Petitioner

                                      VERSUS
1. State of Chhattisgarh, through Secretary, Education Department
   Mahanadi Bhavan, Atal Nagar Nawa Raipur, District : Raipur,
   Chhattisgarh
2. District Education Officer, Raigarh, District : Raigarh, Chhattisgarh
3. Chief Executive Officer Zila Panchayat Raigarh, District : Raigarh,
   Chhattisgarh
4. Chief Executive Officer Janpad Panchayat Raigrah, District : Raigarh,
   Chhattisgarh
5. Block Education Officer Raigarh, District : Raigarh, Chhattisgarh
                                                       -------Respondents
                (cause title is taken from Case Information System )

       For Petitioner            : Mr. Basant Kaiwartya, Advocate
       For Respondents           : Mr. Vaibhav Singh, Panel Lawyer

         Single Bench: Hon'ble Shri Parth Prateem Sahu, Judge
                                        ORDER

23/01/2023

1. Grievance of Petitioner in the present Writ Petition is of non-granting of

arrears of revised pay scale which the Petitioner is entitled from the date of

completion of eight years of service.

2. According to learned Counsel for Petitioner, the case of Petitioner is

covered by a decision of this Court rendered in WPS No. 2530/2017

[Mukesh Kumar Patel & Anr. vs. State of Chhattisgarh & Ors.] decided

on 26.11.2017. Based on the aforementioned judgment, the Respondents

have granted benefit of revised pay scale to the Petitioner with effect from

02.11.2012, however, she has not been paid the arrears of the same as

she has completed seven years of service on 29.08.2005, and therefore,

she was entitled for arrears from 2005 onwards.

3. Further contention of learned Counsel for Petitioner is that the Department

has already made necessary preparation for grant of arrears, however, the

actual payment has not been released.

4. Without entering into the merits of the case, taking note of the order

passed by this Court in the case of "Mukesh Kumar Patel" (supra), this

Court is of the opinion that the case of the Petitioner needs to be

considered for grant of revised pay scale at the ends of the respondents.

5. Accordingly, the Respondents No. 2 to 4 are directed to take an

appropriate decision so far as the release of arrears is concerned. Let a

decision in this regard be taken by the Respondents at the earliest,

preferably within a period of 90 days from the date of receipt of copy of

this Order.

6. With the aforesaid observation and direction, writ petition is disposed

of.

Certified copy as per rules.

Sd/-

(Parth Prateem Sahu) Judge /P a w a n