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High Court Of ChhattisgarhWPS/144/2021disposed off

Dushyant Kumar Watti v. State Of Chhattisgarh

2021-02-01Hon'Ble Shri Justice P. Sam Koshy4 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 144 of 2021

1. Dushyant Kumar Watti S/o Mr. Sundar Ram Watti, Aged About 30 Years By Occupation Teacher (Local Body), Posted At Govt. Upper Primary School Kesekodi Khas, Block Koilibeda, District Uttar Bastar Kanker Chhattisgarh

2. Narendra Kumar Thakur S/o Mr. Kali Ram Thakur, Aged About 41 Years, By Occupation Teacher (Local Body), Posted At Govt. Upper Primary School P. V. 47, Block Koilibeda, District Uttar Bastar Kanker Chhattisgarh

3. Kamal Singh Padmaker S/o Mr. Mahepat Singh Padmaker, Aged About 41 Years By Occupation Teacher (Local Body), Posted At Govt. Upper Primary School P. V. 52, Block Koilibeda, District Uttar Bastar Kanker Chhattisgarh

4. Krishnapal Rana S/o Late Mr. Virendra Kumar Rana, Aged About 38 Years By Occupation Teacher (Local Body), Posted At Govt. Upper Primary School Kandadi, Block Koilibeda, District Uttar Bastar Kanker Chhattisgarh

5. Mrs. Pinkey Thakur W/o Mr. Ajeet Kumar Thakur, Aged About 33 Years By Occupation Teacher (Local Body), Posted At Govt. Upper Primary School Matoli, Block Koilibeda, District Uttar Bastar Kanker Chhattisgarh

6. Mrs. Lokeshwari Koma W/o Mr. Vijay Lal Koma, Aged About 37 Years By Occupation Teacher (Local Body), Posted At Govt. Upper Primary School P. V. 21, Block Koilibeda, District Uttar Bastar Kanker Chhattisgarh

7. Ramesh Paul S/o Mr. Ranin Paul, Aged About 38 Years By Occupation Lecturer (Local Body), Posted At Govt. Higher Secondary School Gondahur, Block Koilibeda, District Uttar Bastar Kanker, Chhattisgarh

8. Parmanand Mandavi S/o Late Mr. Prit Ram Mandavi, Aged About 39 Years By Occupation Lecturer (Local Body), Posted At Govt. Higher Secondary School Mayapur, Block Koilibeda, District Uttar Bastar Kanker, Chhattisgarh

9. Vijay Lal Koma S/o Mr. Nehru Ram Koma, Aged About 41 Years By Occupation Lecturer (Local Body), Posted At Govt. Higher Secondary, School P. V. 22-23, Lakhanpur, Block Koilibeda, District Uttar Bastar Kanker, Chhattisgarh 10.

Mrs. Seema Paul W/o Mr. Nabo Kallal Paul, Aged About 38 Years By Occupation Lecturer (Local Body), Posted At Govt. Higher Secondary, School P. V. 22-23, Lakhanpur, Block Koilibeda, District

Uttar Bastar Kanker, Chhattisgarh 11.

Prem Singh Mandavi S/o Mr. Ramji Mandavi, Aged About 45 Years By Occupation Lecturer (Local Body), Posted At Govt. Higher Secondary, School Mayapur, Block Koilibeda, District Uttar Bastar Kanker, Chhattisgarh 12.

Bhagvat Prasad Sahu S/o Mr. K. S. Sahu, Aged About 31 Years By Occupation Lecturer (Local Body), Posted At Govt. High School Ghodagaon, Block Koilibeda, District Uttar Bastar Kanker, Chhattisgarh 13.

Rajat Kumar Das S/o Mr. Ranjit Kumar Das, Aged About 32 Years By Occupation Lecturer (Local Body), Posted At Govt. Higher Secondary, School Asebeda, Block Koilibeda, District Uttar Bastar Kanker, Chhattisgarh 14.

Rajkumar Janjgde S/o Mr. Faguwa Jangde, Aged About 41 Years By Occupation Lecturer (Local Body), Posted At Govt. Higher Secondary, School P. V. 22-23, Lakhanpur, Block Koilibeda, District Uttar Bastar Kanker, Chhattisgarh 15.

Mrs. Hemlata Kosma W/o Mr. Ajeet Singh Kosma, Aged About 39 Years By Occupation Lecturer (Local Body), Posted At Govt. Higher Secondary, School Asulkhar, Block Bhanupratappur, District Uttar Bastar Kanker, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, Education Department, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh

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

3. Director, Department Of Panchayat And Rural Development, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh

4. District Education Officer, District Uttar Bastar Kanker, Chhattisgarh

5. Chief Executive Officer, Jila Panchayat, District Uttar Bastar Kanker Chhattisgarh ---- Respondents

For Petitioners :

Mr. Parag Kotecha, Advocate For State :

Mr. Aditya Bhardwaj, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 01.02.2021

1. The limited grievance which the petitioners have raised in the present writ petition by virtue of the order passed by this Court in the case of Mukesh Kumar Patel Vs. State of Chhattisgarh, WPS No. 2530/2017 decided on 26.11.2017, the petitioners have been granted benefit of revised pay scale on completion of 8 years of service.

2. Learned counsel for the petitioners submits that the grievance which now remains is that the benefit is being provided to the petitioners prospectively and though the respondents have made a calculation which the petitioners are entitled from the date of their completion of 8 years of service but no effective orders have been passed nor the department has taken any steps for release of the arrears of payment. The petitioners pray for appropriate direction to the respondents for releasing the 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 Patel (Supra) which has also been affirmed by the Division Bench and taking note of the fact that the respondents have complied with the order to the extent of granting revised pay scale to the petitioners, let respondents 2 & 3 take an appropriate decision at the earliest so far as release of the arrears of payment which the petitioners are entitled for.

Expecting a decision from the respondents within a period of 90 days from the date of receipt of copy of this order.

4. The writ petition accordingly stands disposed of. Sd/- P. Sam Koshy Judge Khatai