Subhash Sharma v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 313 of 2020 Subhash Sharma S/o Shri Dhruva Kumar Sharma Aged About 32 Years Presently Working As Teacher (L. B.), At Govt. Middle School, Ghuthiya Block Navagarh, District Janjgir Champa Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh,

2. The Secretary Department Of Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh,

3. Commissioner-Cum-Director Directorate Of Panchayat, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh,

4. Chief Executive Officer, Janpad Panchayat Navagarh, District Janjgir Champa Chhattisgarh

5. Block Education Officer Navagarh, District Jangir Champa Chhattisgarh ----Respondents For petitioner - Shri C. Jayant K. Rao, Advocate. For State-Shri Kunal Das, PL.

Hon'ble Shri Justice Goutam Bhaduri Order 16/01/2020 1.

The grievance of the petitioner is that the petitioner was initially appointed as Shiksha Karmi, Grade-III in Janpad Panchayat, Malkharoda on 17/06/2005. Subsequently he joined as Shiksha Karmi Grade-III at Janpad Panchayat, Navagarh on 8/08/2008, however he has been given the benefit of revised pay scale with effect from 14/02/2019. Learned counsel submits that the petitioner has completed 8 years of continuous service on 16/06/2013, however the benefit is granted from the later date i.e. 14/02/2019.

2.

Learned counsel for the petitioner submits that similarly situated persons have filed WPS No.95 of 2019 and WPS No.99 of 2019 for grant of arrears of pay-scales wherein this Court has passed the following order :- "2. The limited grievance which the petitioner has raised in this writ petition by virtue of 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 has been granted benefit of revised pay scale on completion of 8 years of service.

3. Learned counsel for the petitioner submits that the grievance which now remains is that the benefit is being provided to the petitioner prospectively and though the respondents have made a calculation which the petitioner was entitled for from the date of his completion of 8 years of service but no effective orders have been passed nor have department taken any steps for release of the arrears of payment. The petitioner prays for appropriate direction to the respondents for releasing the said amount.

4. 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 petitioner, 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. Excepting a decision from the respondents within a period of 90 days from the date of receipt of copy of this order, the present writ petition stands disposed off."

3. Learned State Counsel do not dispute the fact that the similar issue raised in this case has been decided by this Court in W.P(S) No.95 of 2019 & WPS No.99 of 2019.

4.

The order passed in WPS No. 95 of 2019 and WPS No.99 of 2019 (supra) shall also be applicable to the case of present writ petitioner. It is directed that respondents 3 & 4 shall take appropriate decision at the earliest for releasing the arrears of payment which the petitioner is entitled for. It is expected that a decision shall be taken within a period of 90 days from the date of receipt of this order.

5.

With the above observations, this writ petition stands finally disposed of. Sd/- (Goutam Bhaduri) JUDGE gouri