Rahul Dev Diwakar vs State Of Chhattisgarh
2023 Latest Caselaw 58 Chatt

                                                                                                                NAFR
                     HIGH COURT OF CHHATTISGARH, BILASPUR
                                             WPS No. 9326 of 2022
     • Rahul Dev Diwakar S/o Ramnath Diwakar Aged About 38 Years Working As Lecturer
       (L.B.) At Govt. Higher Secondary School Banari, Block Nawagarh, District : Janjgir-
       Champa, 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, Janjgir,, District : Janjgir-Champa,
        Chhattisgarh
     5. Distrct Education Officer Janjgir, District : Janjgir-Champa, Chhattisgarh
                                                                                                 ---- Respondents
-------------------------------------------------------------------------------------------------------------------------

For Petitioner                                            : Shri CJK Rao, Advocate
 For Respondents                                           ; Shri Vaibhav Singh, PL

-------------------------------------------------------------------------------------------------------------------------

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 13.08.2018. Petitioner was not granted

benefit from the date when he became eligible for the same after completion of eight years

of service ie 30.06.2013. 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 30.06.2013 till 13.08.2018.

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 9326 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