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High Court Of ChhattisgarhWPS/1531/2020disposed off

Komal Das Vaishnav v. State Of Chhattisgarh

2020-03-05Hon'Ble Shri Justice Goutam Bhaduri3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1531 of 2020

1. Komal Das Vaishnav S/o Bhukhan Das Vaishnav Aged About 44 Years Presently Working As Lecturer (L.B.), Govt. High School Datan, Block Pallari, District Baloda Bazar-Bhatapara Chhattisgarh,

2. Rajkumar Tiwari S/o Rishideo Aged About 46 Years Presently Working As Lecturer (L.B.), Govt. Higher Secondary School Datrengi, Block Pallari, District Baloda Bazar-Bhatapara Chhattisgarh

3. Pawan Kumar Sahu S/o Janak Ram Sahu Aged About 39 Years Presently Working As Lecturer (L.B.), Govt. Higher Secondary School Datan (P), Block Pallari, District Baloda Bazar-Bhatapara Chhattisgarh

4. Sita Ram Verma S/o Sukhnandan Lal Verma Aged About 42 Years Presently Working As Lecturer (L.B.), Govt. Higher Secondary School Vatgaon, Block Pallari District Baloda Bazar-Bhatapara Chhattisgarh

5. Bodh Ram Sahu S/o Chhat Ram Sahu Aged About 38 Years Presently Working As Lecturer (L.B.), Govt. Higher Secondary School Konari, Block Pallari, District Baloda Bazar-Bhatapara Chhattisgarh

6. Vidyacharan Verma S/o Vishnu Prasad Verma Aged About 42 Years Presently Working As Lecturer (L.B.), Govt. Higher Secondary School Amera, Block Pallari, District Baloda Bazar-Bhatapara Chhattisgarh

7. Ramdayal Sahu S/o Ganga Ram Sahu Aged About 50 Years Presently Working As Lecturer (L.B.), Govt. Higher Secondary School Kosmandi, Block Pallari, District Baloda Bazar-Bhatapara Chhattisgarh

8. Anuradha Verma W/o Sanjay Kumar Verma Aged About 44 Years Presently Working As Lecturer (L.B.), Govt. Higher Secondary School Amera, Block Pallari, District Baloda Bazar-Bhatapara Chhattisgarh

9. Smt. Rashmi Thakur S/o Hitendra Kumar Aged About 44 Years Presently Working As Lecturer (L.B.), Govt. Higher Secondary School Datan (P), Block Pallari, District Baloda Bazar-Bhatapara Chhattisgarh 10.Maheshwari Verma D/o Bhuneshwar Lal Verma Aged About 35 Years Presently Working As Lecturer (L.B.), Govt. Higher Secondary School Datan (P), Block Pallari, District Baloda Bazar-Bhatapara Chhattisgarh

11. Yogeshwari Dhurandhar W/o Duleshwar Dhurandhar Aged About 39 Years Presently Working As Lecturer (L.B.), Govt. Higher Secondary School Datan (P), Block Pallari, District Baloda Bazar-Bhatapara Chhattisgarh 12.Ku. Geeta Shrey D/o Mohan Singh Shrey Aged About 34 Years Presently Working As Lecturer (L.B.), Govt. Higher Secondary School Datan (P), Block Pallari, District Baloda Bazar-Bhatapara Chhattisgarh 13.Mahendra Kumar Vaishnav S/o Bhukhan Das Vaishnav Aged About 46 Years Presently Working As Lecturer (L.B.), Govt. Higher Secondary School

Vatgaon, Block Pallari, District Baloda Bazar-Bhatapara Chhattisgarh 14.Hemraj Harbansh S/o Uttara Kumar Harbansh Aged About 40 Years Presently Working As Lecturer (L.B.), Govt. Higher Secondary School Chherkapur, Block Pallari, District Baloda Bazar-Bhatapara Chhattisgarh 15.Narendra Kumar Sahu S/o Bharat Lal Sahu Aged About 39 Years Presently Working As Lecturer (L.B.), Govt. Higher Secondary School Chherkapur, Block Pallari, District Baloda Bazar-Bhatapara Chhattisgarh 16.Smt. Buddheshwari Verma W/o Dharmendra Kumar Verma Aged About 40 Years Presently Working As Teacher (L.B.), Govt. Middle School Khartora, Block Pallari, District Baloda Bazar-Bhatapara Chhattisgarh 17.Dharmendra Kumar Verma S/o Tularam Verma Aged About 47 Years Presently Working As Lecturer (L.B.), Govt. High School Telasi, Block Pallari, District Baloda Bazar-Bhatapara Chhattisgarh 18.Sanjeev Kumar Patel S/o Laxmi Chand Patel Aged About 48 Years Presently Working As Lecturer (L.B.), Govt. Higher Secondary School Deosundra, Block Pallari, District Baloda Bazar-Bhatapara Chhattisgarh ---- Petitioners

Versus

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

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

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

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

5. Chief Executive Officer Zila Panchayat Baloda Bazar-Bhatapara District Baloda Bazar-Bhatapara Chhattisgarh

6. District Education Officer Baloda Bazar-Bhatapara District Baloda BazarBhatapara Chhattisgarh

7. Block Education Officer Pallari District Baloda Bazar-Bhatapara Chhattisgarh ---- Respondents For Petitioner :

Shri Govind Dewangan, Advocate For Respondents/ State :

Ms. Richa Shukla, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 05/03/2020

1. Heard.

2. 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 have been granted benefit of revised pay scale on completion of 8 years of service.

3. The counsel for the petitioners 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 is 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 respondents have complied with the order to the extent of granting revised pay scale to the petitioner, let respondents No. 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 copy of this order the present writ petition stands disposed off.

Sd/- Goutam Bhaduri Judge Jyoti