Tribhuwan Lal Sahu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1453 of 2020 Tribhuwan Lal Sahu S/o Jagat Ram Sahu Aged About 38 Years Presently Working As Assistant Teacher (L.B.) At Government Primary School, Bagtarai, Block Gurur, District Balod, Chhattisgarh. ---- Petitioner

Versus

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

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

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

4. Chief Executive Officer Janpad Panchayat Gurur, District Balod, Chhattisgarh.

5. Block Education Officer Gurur, District Balod, Chhattisgarh. ---- Respondents For Petitioner :

Shri C.J.K. Rao, Advocate For State-Respondents :

Shri Avinash Singh, PL.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 04/03/2020 Heard.

1. The grievance of the petitioner is that the petitioner was initially appointed on the post of Shiksha Karmi Grade-III on 11/06/2005. Subsequently, he again joined on the post of Shiksha Karmi Grade-III on 2/08/2006 and therefore he completed 8 years of service from the initial appointment and entitled to receive the revised pay-scale from 11/06/2013, however, the same has been granted from 2/03/2019. Learned counsel for the petitioner

submits that law has been laid down in case of Mukesh Kumar Patel Vs. State of Chhattisgarh, WPS No. 2530/2017 decided on 26.11.2017 and the entitlement of the revised pay scale would mature on completion of 8 years of service including the service rendered on the lower post and the same post.

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