Smt. Pratibha Pandey v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1335 of 2020

1. Smt. Pratibha Pandey W/o Anand Kumar Pandey Aged About 39 Years Working As Teacher (L.B.) At Government Middle School Deori, BlockDhamdha, District- Durg, Chhattisgarh.

2. Smt. Sharda Banjare W/o Gyanendra Singh Banjare Aged About 34 Years Working As Teacher (L.B.) At Government Middle School Potiya, BlockDhamdha, District- Durg, Chhattisgarh.

3. Smt. Chitrashimani Bisen W/o Bhaikhaj Bisen Aged About 40 Years Working As Lecturer (L.B.) At Government Higher Secondary School Dargaon, Block- Dhamdha, District- Durg, Chhattisgarh.

4. Archana Dubey D/o B.R. Dubey Aged About 40 Years Working As Lecturer (L.B.) At Government Higher Secondary School Pendrawan, BlockDhamdha, District- Durg, Chhattisgarh.

5. Smt. Anita Yadav W/o Ramesh Kumar Yadav Aged About 40 Years Working As Lecturer (L.B.) At Government Higher Secondary School Pendrawan, Block- Dhamdha, District- Durg, Chhattisgarh.

6. Manoj Kumar Patanwar S/o Chhatram Patanwar Aged About 46 Years Working As Lecturer (L.B.) At Government Higher Secondary School Pendrawan, Block- Dhamdha, District- Durg, Chhattisgarh.

7. Smt. Kusumlata Thakur W/o Tameshwar Kumar Thakur Aged About 34 Years Working As Lecturer (L.B.) At Government Higher Secondary School Khudmuda, Block- Berla, District-Bemetara, Chhattisgarh.

8. Saket Kumar Soni S/o Gyan Singh Soni Aged About 35 Years Working As Lecturer (L.B.) At Government Middle School Girhola, Block- Dhamdha, District- Durg, Chhattisgarh.

9. Smt. Jharan Devi Verma W/o Chaman Lal Verma Aged About 34 Years Working As Lecturer (L.B.) At Government Higher Secondary School Hasda, Block- Berla, District-Bemetara, Chhattisgarh. 10.Mahesh Kumar Thakur S/o Kheduram Thakur Aged About 36 Years Working As Teacher (L.B.) At Government Middle School Kohadiya, Block- Berla, District- Bemetara, Chhattisgarh.

11. Smt. Santoshi Thakur W/o Mahesh Kumar Thakur Aged About 35 Years Working As Lecturer (L.B.) At Government Higher Secondary School Hasda, Block- Berla, District- Bemetara, Chhattisgarh. 12.Likhan Lal Bhuarya S/o Balmukund Bhuarya Aged About 36 Years Working As Teacher (L.B.) At Government Middle School Bori, Block- Dhamdha, District- Durg, Chhattisgarh.

13.Smt. Kalpana Shukla W/o Amit Kumar Shukla Aged About 37 Years Working As Lecturer (L.B.) At Government Higher Secondary School Bori, BlockDhamdha, District- Durg, Chhattisgarh. 14.Ashok Kumar Chhata S/o Bichitra Ram Chhata Aged About 44 Years Working As Lecturer (L.B.) At Government Higher Secondary School Birjhapur, Block- Dhamdha, District- Durg, Chhattisgarh. 15.Adil Hasan S/o Nurul Hasan Aged About 45 Years Working As Teacher (L.B.) At Government Middle School Chhotepurda, Block- Dhamdha, District- Durg, Chhattisgarh.

16.Pawan Kumar Singh S/o Rishikesh Singh Aged About 37 Years Working As Teacher (L.B.) At Government Middle School Potiya, Block- Dhamdha, District- Durg, Chhattisgarh.

17.Rashmi Patela D/o Moolchand Patela Aged About 39 Years Working As Lacturer (L.B.) At Government Higher Secondary School Bori, BlockDhamdha, District- Durg, Chhattisgarh. 18.Purushottam Dilliwar S/o Loknath Dilliwar Aged About 36 Years Working As Teacher (L.B.) At Government Higher Secondary School Temri, Block Dhamdha, District- Durg, Chhattisgarh.

19. Archana Harmukh, W/o. Rakesh Kumar Harmukh Aged About 39 Years Working As Teacher (L.B.) At Government Middle School Temri, BlockDhamdha, District- Durg, Chhattisgarh. --- Petitioners

Versus

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

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

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

4. Director, Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, New Raipur, District- Raipur, Chhattisgarh.

5. Chief Executive Officer, Zila Panchayat Durg, District Durg, Chhattisgarh.

6. Chief Executive Officer, Zila Panchayat Bemetara, District- Bemetara, Chhattisgarh.

7. District Education Officer, District- Durg, Chhattisgarh.

8. District Education Officer, District- Bemetara, Chhattisgarh. --- Respondents For the Petitioners : Mr. Govind Dewangan, Advocate.

For the State : Ms. Akanksha Jain, Dy. Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board 27.02.2020

1. The limited grievance which the petitioners have raised in this writ petition is that by virtue of order passed in WPS No.2530 of 2017 (Mukesh Kumar Patel and another Vs. State of Chhattisgarh and another) decided on

26.11.2017 the petitioners have been granted the 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 were entitled from the date of their completion of 8 years but no effective orders have been passed nor has department 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 petitioner, let respondents No.3 to 6 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 copy of this order the present writ petition stands disposed off.

Sd/- GOUTAM BHADURI JUDGE Aks