Rekha Verma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1446 of 2020 • Rekha Verma D/o Shiv Kumar Verma Aged About 32 Years Working As Lecturer (L.B.) At Government Higher Secondary School Watgan, Block Pallari, District- Baloda Bazar- Bhatapara, Chhattisgarh. ---- Petitioner

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. Chief Executive Officer Zila Panchayat Baloda Bazar-Bhatapara, DistrictBaloda Bazar-Bhatapara, Chhattisgarh.

5. District Education Officer District Baloda Bazar- Bhatapara, Chhattisgarh. ---- Respondents For Petitioner :

Shri Govind Dewangan, Adv.

For Respondents/State :

Shri Neeraj Pradhan, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board 03/03/2020

1. The grievance of the petitioner is that he was initially appointed as Shiksha Karmi, Class-III and joined service on 11.07.2008 and is entitled to get the benefit of revised pay scale with effect from 10.07.2016 as she has already completed 8 years of continuous service by 10.07.2016, however, the said benefit was granted to him with effect from 06.08.2018 vide Annexure P-1.

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 Jyoti