Harihar Prasad Saw v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 1934 of 2021

1. Harihar Prasad Saw S/o Balaram Saw Aged About 44 Years Working As Teacher (L.B.) At Middle School Mekara, Block Baramkela, District Raigarh (Chhattisgarh), District : Raigarh, Chhattisgarh

2. Loknath Naik S/o Purushottam Naik Aged About 48 Years Working As Lecturer At Government Higher Secondary Schooltousir, Block Baramkela, District Raigarh (Chhattisgarh), District : Raigarh, Chhattisgarh

3. Dayasagar Pradhan S/o Rishiram Pradhan Aged About 42 Years Working As Lecturer (L.B.) At Government Higher Secondary School Sankara, Block Baramkela, District Raigarh (Chhattisgarh), District : Raigarh, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of School Education Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

2. Secretary Department Of Panchayat And Rural Development Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

3. Commissioner Cum Director Directorate Of Panchayat, Atal Nagar Naya Raipur District- Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

4. Chief Executive Officer Zila Panchayat Raigarh, District- Raigarh (Chhattisgarh), District : Raigarh, Chhattisgarh

5. Chief Executive Officer Janpad Panchayat Baramkela, Block Baramkela, District- Raigarh (Chhattisgarh), District : Raigarh, Chhattisgarh ---- Respondents For Petitioner :

Shri Rohitashva, Advocate For State :

Shri Shreshta Gupta, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 23.03.2021

1. The limited grievance which the petitioners have 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 is for grant of 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. Though the respondents have made a calculation which the petitioner was entitled for from the date of their completion of 8 years of service but no effective orders have been passed nor have the department taken any step for releasing 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 respondents have complied with the order to the extent of granting revised pay scale to the petitioners, let respondents take an appropriate decision at the earliest so far as release of the arrears of payment which the petitioners are entitled for, subject to verification of their 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/- 1.

P. Sam Koshy Judge Jyotijha