Heera Ram Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1945 of 2020

1. Heera Ram Sahu S/o Mr Milan Ram Sahu Aged About 37 Years By Occupation Lecturer (Local Body), Posted At Govt. Higher Secondary School Jamgaon, Block Fingeshwar, District Gariyaband Chhattisgarh

2. Vidyabhushan Sahu S/o Mr. Gopal Sahu Aged About 40 Years By Occupation Lecturer (Local Body), Posted At Govt. Higher Secondary School Jamgaon, Block Fingeshwar,

3. Gautam Chand Thakur S/o Mr. Chaitan Singh Thakur Aged About 40 Years By Occupation P.T.I (Local Body), Posted At Govt. Higher Secondary School Kopra, Block Fingeshwar, District Gariyaband Chhattisgarh,

4. Mrs. Pushpanjali Diwan W/o Mr. Jhalendra Kumar Diwan Aged About 35 Years By Occupation Teacher (Local Body), Posted At Govt. Boys Upper Primary School Kopra, Block Fingeshwar, District Gariyaband Chhattisgarh,

5. Budhlal Negi S/o Mr Laxman Singh Negi Aged About 45 Years By Occupation P.T.I. (Local Body), Posted At Govt. Higher Secondary School Jamgaon, Block Fingeshwar, District Gariyaband Chhattisgarh

6. Jhalendra Kumar Diwan S/o Mr. Nand Kumar Diwan Aged About 40 Years By Occupation Teacher (Local Body), Posted At Govt. Higher Secondary School Jamgaon, Block Fingeshwar, District Gariyaband Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, Education Department, Mantralaya, Naya Raipur, District Raipur Chhattisgarh,

2. Secretary Panchayat And Rural Development Department, Mantralaya, Naya Raipur, District Raipur Chhattisgarh

3. District Education Officer District Gariyaband Chhattisgarh

4. Chief Executive Officer Jila Panchayat, District Gariyaband Chhattisgarh, ---- Respondents For Petitioners :

Mr. Shalvik Tiwari, Advocate For Respondent/ State :

Mrs. Richa Shukla, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 22.05.2020

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

2. 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 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.

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 & 4 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 four months from the date of receipt of copy of this order.

4. With the aforesaid observations/ directions, the present writ petition stands disposed off.

Sd/- (Goutam Bhaduri) Judge Vishakha