Smt. Veena Thawkar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.2039 OF 2019

1. Smt. Veena Thawkar W/o Prakash Thawkar Aged About 36 Years Working As Lecturer (Panchayat) And Posted At Government High School Kanakoat (Rmsa), Block Patan, District - Durg Chhattisgarh.

2. Girdhar Verma S/o Budhram Verma Aged About 34 Years Working As Lecturer (Panchayat) And Posted At Government High School Aagesara (Rmsa), Block Patan, District - Durg Chhattisgarh.

3. Smt. Vinita Tiwari W/o Pradeep Tiwari Aged About 35 Years Working As Lecturer (Panchayat) And Posted At Government High School Aagesara (Rmsa), Block Patan, District - Durg Chhattisgarh.

...Petitioner(s)

Versus

1. State Of Chhattisgarh Through Secretary, Department Of School Eduction, Mahanadi Bhawan, Mantralaya, New Raipur, District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Prabandhak Sanchalak Rajya Madhmik Shiksha Abhiyaan, (Rmsa) State Project Office, Rmsa 2nd Floor, Composite Building, Pension Bada Raipur, District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. Chief Executive Officer Janpad Panchayat Patan, District - Durg Chhattisgarh., District : Durg, Chhattisgarh

4. Block Education Officer Block Patan, District - Durg Chhattisgarh., District : Durg, Chhattisgarh ... Respondent(s) For Petitioners :

Shri Ajay Shrivastava, Advocate.

For Respondent-State :

Shri Saleem Kazi, Dy. AG.

Hon'ble Shri Justice P. Sam Koshy Order on Board 20.03.2019

1. The limited grievance which the petitioners have raised in these present writ petitions 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.

2. The counsel for the petitioner 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 for from the date of their 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. According to the petitioners they had completed their 8 years of service between the period 2013 to 2017 and accordingly they were entitled for the benefit of revised pay scale immediately on completion of 8 years of service. However, this benefit has been extended to the petitioners only in the year 2018. Thus, the present writ petition has been filed seeking for direction to respondents to consider the claim of the arrears of benefit between from the date petitioners completed 8 years of service till it was actually paid to the petitioners in the year, 2018.

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 petitioner, let respondents No. 2 to 4 take an appropriate decision at the earliest so far as release of the arrears of payment which the petitioners are 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/- (P. Sam Koshy) Judge inder