Chattisgarh High Court
Smt. Shyama Vaishnav vs State Of Chhattisgarh on 4 January, 2023
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 9333 of 2022
• Smt. Shyama Vaishnav W/o Heman Das Bairagi, Aged About 44 Years Working As
Lecturer (L.B.) At Government Higher Secondary School Karesara, Block Saja,
District Bemetara Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural
Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District
Raipur Chhattisgarh
2. Commissioner-Cum-Director, Directorate Of Panchayat, Atal Nagar Raipur, District
Raipur Chhattisgarh
3. Director, Directorate School Education Department, Indrawati Bhawan, Nava Raipur,
District Raipur Chhattisgarh
4. Chief Executive Officer, Zila Panchayat, Bemetara, District Bemetara Chhattisgarh
5. District Education Officer, Bemetara, District Bemetara Chhattisgarh
---- Respondents
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For Petitioner : Shri CJK Rao, Advocate
For Respondents ; Shri Vaibhav Singh, PL
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Hon'ble Shri Justice Parth Prateem Sahu
Order on Board
04.01.2023
1. Grievance raised in this writ petition is with regard to non-payment of arrears of
revised pay scale to petitioner from the date of completion of 8 years of his service.
2. Learned counsel for the petitioner would submit that petitioner was extended
benefit of revised pay scale vide order dated 05.10.2018. Petitioner was not granted
benefit from the date when he became eligible for the same after completion of eight years
of service ie 17.06.2013. He contended that issue of considering period of service in which
employee worked in lower post has been considered and decided in cases WPS-2530 of
2017 (Mukesh Kumar Patel and another Vs State of Chhattisgarh and another), and case
of petitioner is covered by said judgment. Petitioner in view of aforementioned decisions is
entitled for arrears of revised pay scale from 17.06.2013 till 05.10.2018.
3. Learned State counsel submits that petitioner was initially appointed on the post of
Shiksha Karmi under respondent-4 and it is for respondent-4, who is competent authority
Wps 9333 of 2022
to take decision on the claim of petitioner. Petitioner has not submitted any
representation/application for payment of arrears of revised pay scale before
respondent-4.
4. At this stage, counsel for petitioner would submit that petitioner may be permitted
to submit representation before respondent-4 and direction be issued to said respondent
to decide representation within specified time frame.
5. Heard learned counsel for the parties.
6. Taking into consideration submissions of learned counsel for petitioner based on
order in cases WPS-2530 of 2017 (Mukesh Kumar Patel and another Vs State of
Chhattisgarh and another) and also considering order passed in WPS-5328 of 2021
(Avinesh Kumar Namdev and others Vs State of Chhattisgarh and others), I find it
appropriate to dispose of this petition at this stage instead of keeping pending before this
Court seeking reply from respondents, directing petitioner to submit representation
before respondent-4 to be decided at the earliest.
7. For the foregoing, this writ petition stands disposed of directing petitioner to submit
fresh representation before respondent-4, and if such representation is submitted,
respondent-4 shall consider and decide the same expeditiously, preferably within a period
of eight weeks from the date of receipt of representation to be submitted by petitioner,
keeping in mind the decision of this Court in cases of WPS-2530 of 2017 (Mukesh Kumar
Patel and another Vs State of Chhattisgarh and another) and WPS-5328 of 2021
(Avinesh Kumar Namdev and others Vs State of Chhattisgarh and others).
8. Accordingly, writ petition stands disposed of.
9. Certified copy as per rules.
Sd/-
(Parth Prateem Sahu)
JUDGE
padma
