Chattisgarh High Court
Mrs. Sarita Netam vs State Of Chhattisgarh on 7 February, 2025
Page No.1
2025:CGHC:7140
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 3851 of 2024
1 - Mrs. Sarita Netam W/o Mr. Chhabilal Netam Aged About 42 Years Post
Lecturer, (Local Body), Posted At Government High School, Surhi, Block
Narharpur, District Uttar Bastar Kanker (C.G.)
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Secretary, School Education
Department, Mantralaya, Naya Raipur, District Raipur (C.G.)
2 - Secretary Panchayat And Rural Development Department, Mantralaya,
Naya Raipur, District Raipur (C.G.)
3 - Director Panchayat And Rural Development Department, Mantralaya,
Naya Raipur, District Raipur (C.G.)
4 - District Education Officer District Uttar Bastar Kanker (C.G.)
5 - Zila Panchayat Uttar Bastar Kanker, Through It Chief Executive Officer,
Zila Panchayat District Uttar Bastar Kanker (C.G.)
... Respondent(s)
_____________________________________________________________
For Petitioner : Mr. Ritesh Verma, Advocate.
For State : Mr. Kawaljeet Singh Saini, PL.
For Intervenor : Mr. Ashwini Shukla, Advocate.
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Hon'ble Shri Justice Amitendra Kishore Prasad
Order On Board
07/02/2025
1. Learned counsel for the petitioner submits that the petitioner became
entitled for the revised pay-scale after completion of 8 years of service
Digitally on 18-07-2013, which is also mentioned in the order dated 07-10-
NISHA signed by
DUBEY NISHA
DUBEY 2016, whereby benefit of revised pay-scale is extended to the
petitioner, but arrears of the revised pay-scale from 18-07-2013 to 07-
10-2016 is not paid.
2. Learned counsel for the petitioner submits that as per the notification
issued by the State Government dated 17-05-2013, the Teacher
(Panchayat) who has completed 8 years of service is entitled for the
revised pay scale. The petitioner was extended the benefit of revised
pay scale pursuant to the notification dated 17-05-2013, but financial
benefit is extended from 07-10-2016 only and not from 18-07-2013. He
contended that the issue of considering the period of service in which
any of the employees have worked in the lower post are to be
considered is decided in WPS No. 2530 of 2017 (Mukesh Kumar
Patel and another versus State of Chhattisgarh and another) and
the case of the petitioner is covered by the said judgment.
3. He also referred to the order passed by co-ordinate Bench of this
Court in case of Avinesh Kumar Namdev and Ors. Vs. State of
Chhattisgarh and Ors (WPS No. 5328 of 2021). Counsel for the
petitioner submits that as the issue is already considered and decided
by this Court, at this stage, grievance of the petitioner would be
redressed, if petitioner is permitted to submit representation before
respondent No. 5 and in turn, respondent No.5 be directed to consider
and decide the representation of petitioner at the earliest for grant of
arrears of revised pay scale for the intervening period from 18-07-2013
to 07-10-2016.
4. Learned counsel for the State submits that in view of submission of
learned counsel for the petitioner, her representation will be considered
and decided by respondent No. 5, at the earliest.
5. Considering submissions of learned counsel for the petitioner, this
petition is finally disposed of permitting the petitioner to submit a
representation before respondent No. 5, who, in turn, is directed to
consider and decide the representation to be submitted by petitioner at
the earliest, preferably within a period of 6 weeks from the date of
receipt of representation, in accordance with law, subject to verification
of the facts, keeping in mind decision rendered in the case of Avinesh
Kumar Namdev (supra).
6. With the aforementioned observation and direction, the writ petition
stands disposed of.
Sd/-
(Amitendra Kishore Prasad)
Judge
Nisha
