Manish Kumar Tiwari v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 1258 of 2021

1. Manish Kumar Tiwari S/o Upendra Nath Tiwari Aged About 42 Years Working As Lecturer (L. B.) At Government Higher Secondary School, Badekanera, Block Kondagaon, District Kondagaon Chhattisgarh ---- Petitioner

Versus

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

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

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

4. Chief Executive Officer Zila Panchayat Kondagaon, District Kondagaon Chhattisgarh,

5. District Education Officer Kondagaon, District Kondagaon Chhattisgarh,

6. Block Education Officer Kondagaon, District Kondagaon Chhattisgarh, ---Respondents For Petitioner :

Shri Govind Prasad Dewangan, Advocate.

For State :

Smt Hamida Siddiqui, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 19.03.2021 .

1. The limited grievance which the petitioner has 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 wherein the petitioner has been granted benefit of revised pay scale on completion of 8 years of service.

2. 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

-2which the petitioner is entitled from the date of his 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 petitioner prays 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 respondents have complied with the order to the extent of granting revised pay scale to the petitioner, let respondents No. 2 to 4 take an appropriate decision at the earliest so far as release of the arrears of payment which the petitioner is entitled for, subject to verification of his entitlement for the same. 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 Jyotijha`