Hitesh Kumar Yadu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (SERVICE) NO. 1089 OF 2021 Hitesh Kumar Yadu, S/o Shri Prahlad Yadu, aged about 35 years, presently working as Teacher (L.B.) at Govt. Middle School, Barula, Block Gariaband, District Gariaband (CG) ... Petitioner versus 1.

State of Chhattisgarh, through the Secretary, Department of Panchayat and Rural Development, Mantralaya, Mahanadi Bhawan, Atal Nagar Nava Raipur, District Raipur (CG) 2.

The Secretary, Department of Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur (CG) 3.

Commissioner cum Director, Directorate of Panchayat, Atal Nagar, Nava Raipur, District Raipur (CG) 4.

Chief Executive Officer, Zila Panchayat, Gariaband, District Gariband (CG) 5.

District Education Officer, Gariaband, District Gariaband (CG) ... Respondents For Petitioner :

Mr. CJK Rao, Advocate.

For Respondents/State :

Mr. Sudeep Verma, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board /03/2021 1.

The limited grievance which the Petitioner has raised in the present 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, is for grant of benefit of revised pay scale on completion of 8 years of service. 2.

Learned Counsel for Petitioner submits that the grievance which now remains is that the benefit is being provided to the Petitioner prospectively. 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 the department taken any step for releasing the arrears of payment. Petitioner pray for appropriate direction to 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 Petitioner, let respondents 2 to 5 take an appropriate decision at the

earliest so far as release of the arrears of payment which the Petitioner is entitled for. Expecting a decision from the Respondents within a period of 90 days from the date of receipt of this order, the present Writ Petition is disposed of. 4.

Writ Petition accordingly stands disposed of. Sd/- (P. Sam Koshy) /sharad/ JUDGE