Neelkamal Sahu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2724 of 2020

1. Neelkamal Sahu S/o Shri Mehattar Sahu, Aged About 45 Years Working As Lecturer And Posted At Govt. Higher Secondary School, Darra, Block Kurud, District Dhamtari Chhattisgarh

2. Dinbandhoo Chandrakar, S/o Shri Madan Lal Chandrakar, Aged About 40 Darra, Block Kurud, District Dhamtari Chhattisgarh.

3. Neeraj Shukla, S/o Shri Suresh Shukla, Aged About 46 Years Working As Lecturer And Posted At Govt. Higher Secondary School Charmudiya, Block Kurud, District Dhamtari Chhattisgarh.

4. Nand Kumar Tandan, S/o Shri Suklal Tandan, Aged About 46 Years Working As Lecturer And Posted At Govt. Higher Secondary School Achhoti, District Dhamtari Chhattisgarh

5. Nohar Singh Sahu, S/o Shri Banau Ram Sahu, Aged About 48 Years Working As Lecturer And Posted At Govt. Higher Secondary School Semra ( B), District Dhamtari Chhattisgarh.

6. Rajkumar Sahu, S/o Shri Guru Prasad Sahu, Aged About 44 Years Working As Lecturer And Posted At Govt. Higher Secondary School Darra, Block Kurud, District Dhamtari Chhattisgarh

7. Krishno Sahu, S/o Shri Sonau Ram Aged About 45 Years Working As Lecturer And Posted At Govt. Higher Secondary School Sarva, Block Kasdol, District Baloda Bazar Chhattisgarh.

8. Devendra Kumar Sahu S/o Shri Suryu Lal Sahu, Aged About 45 Years Working As Lecturer And Posted At Govt. Higher Secondary School Sankari,

9. Smt. Madhulata Sahu, W/o Shri C.M. Sahu, Aged About 44 Years Working As Lecturer And Posted At Govt. Higher Secondary School Darba, Block Kurud, District Dhamtari Chhattisgarh.

10.Vinod Kumar Sahu, S/o Shri Murli Lal Sahu, Aged About 45 Years Working As Lecturer And Posted At Govt. Higher Secondary School Darba, Block Kurud, District Dhamtari Chhattisgarh.

11. Smt. Yogita Sahu, W/o Shri Neelkanth Sahu, Aged About 38 Years Working As Lecturer And Posted At Govt. Higher Secondary School Karga, Block Kurud, District Dhamtari Chhattisgarh.

12.Tarun Dhiwar, S/o Shri Panau Ram Dhiwar, Aged About 42 Years Working As Lecturer And Posted At Govt. Higher Secondary School Semra ( B), 13.Shrawan Sahu, S/o Shri Bhikham Lal Sahu, Aged About 40 Years Working As Lecturer And Posted At Govt. Higher Secondary School Semra ( B), Block Kurud, District Dhamtari Chhattisgarh 14.Ram Markam, S/o Shri Ray Singh Markam, Aged About 42 Years Working As Teacher And Posted At Govt. Middle School Semra ( B), Block Kurud,

District Dhamtari Chhattisgarh.

15.Puhup Singh Madhukar, S/o Shri Boharan Madhukar, Aged About 45 Years Working As Lecturer And Posted At Govt. Higher Secondary School Bagdehi, Block Kurud, District Dhamtari Chhattisgarh. 16.Bhuwan Lal Bais, S/o Shri Shiv Ram Bais, Aged About 43 Years Working As Teacher And Posted At Govt. Middle School Kurra, Block Kurud, District Dhamtari Chhattisgarh.

17.Pushpanjali Thakur, W/o Bhupat Singh Thakur, Aged About 38 Years Working As Lecturer And Posted At Govt. High School Jhiriya, Tahsil And District Dhamtari Chhattisgarh.

18.Bharti Sahu, W/o Shri Puran Lal Sahu, Aged About 40 Years Working As Lecturer And Posted At Govt. Boys Higher Secondary School Gurur, District Balod Chhattisgarh.

19.Dushyant Dhruw, S/o Shri Guhari Ram Dhruw, Aged About 42 Years Working As Lecturer And Posted At Govt. Higher Secondary School Kanharpuri, Block Kurud, District Dhamtari Chhattisgarh 20.Rajkumar Tandan, S/o Shri Budharu Ram Tandan, Aged About 45 Years Working As Lecturer And Posted At Govt. Higher Secondary School Kanharpuri, Block Kurud, District Dhamtari Chhattisgarh 21.Suraj Prakash Dahare, S/o Shri Ram Chandra Dahare, Aged About 45 Parkhandha, Block Kurud, District Dhamtari Chhattisgarh. 22.Lokeshwar Kumar Chelak S/o Shri Punarad Ram Chelak Aged About 42 Darra,, Block Kurud, District Dhamtari Chhattisgarh 23.Smt. Omin Kurrey, W/o Shri Lalit Kumar Kurrey, Aged About 37 Years Working As Lecturer And Posted At Govt. Higher Secondary School Thuha, 24.Smt.

Mamata Rani Warde, W/o Shri Kashwant Warde, Aged About 38 Years Working As Lecturer And Posted At Govt. Higher Secondary School Bhatagaon, Block Kurud, District Dhamtari Chhattisgarh. 25.Mithilesh Kumar Sinha, S/o Shri Kanshi Ram Sinha, Aged About 42 Years Working As Lecturer And Posted At Govt. Higher Secondary School Pachpedi, Block Kurud, District Dhamtari Chhattisgarh 26.Kamlesh Kumar Kawar, S/o Shri Jageshwar Kawar, Aged About 38 Years Working As Lecturer And Posted At Govt. Higher Secondary School Pachpedi, Block Kurud, District Dhamtari Chhattisgarh. 27.Smt. Swati Chandrakar, W/o Shri Mahendra Chandrakar, Aged About 37 Katalbod, Block Kurud, District Dhamtari Chhattisgarh 28.Narsingh Ram Sahu, S/o Shri Shyam Lal Sahu, Aged About 42 Years Working As Teacher And Posted At Govt.

Middle School Atang, Block Kurud, District Dhamtari Chhattisgarh.

29.Bharat Bhushan Sahu, S/o Shri Puranik Ram Sahu, Aged About 45 Years Working As Lecturer And Posted At Govt. Higher Secondary School Karga, 30.Kuleshwar Prasad Sahu, S/o Shri Jhagru Ram Sahu, Aged About 38 Years Working As Lecturer And Posted At Govt. High School Chatoud, Block Kurud, District Dhamtari Chhattisgarh 31.Smt. Madhubala Chandrakar, W/o Shri Bhartendra Chandrakar, Aged About 38 Years Working As Lecturer And Posted At Govt. Higher Secondary School Bagoud, Block Kurud, District Dhamtari Chhattisgarh 32.Smt. Sangeeta Mahobe, W/o Shri Madan Lal Mahobe, Aged About 37 Years Working As Lecturer And Posted At Govt. Higher Secondary School Bhatagaon, Block Kurud, District Dhamtari Chhattisgarh 33.Hemant Kumar Sahu, S/o Shri Bisahu Ram Sahu, Aged About 39 Years Working As Teacher And Posted At Govt. Middle School Parkhanda, Block Kurud, District Dhamtari Chhattisgarh.

34.Ashwani Prasad Shukla, S/o Shri Khamhan Prasad Shukla, Aged About 35 Achhoti, Block Kurud, District Dhamtari Chhattisgarh 35.Smt. Kanchan Shukla, W/o Shri Ashwani Prasad Shukla, Aged About 37 Years Working As Lecturer And Posted At Govt. High School Kondapar, Block Kurud, District Dhamtari Chhattisgarh 36.Smt. Kalyani Sonwani, W/o Shri Kaushal Lal Sonwani, Aged About 35 Years Working As Lecturer And Posted At Govt. Middle School Kodebod, Block Kurud, District Dhamtari Chhattisgarh.

37.Bundesh Kumar Sahu, S/o Shri Dileep Kumar, Aged About 36 Years Working As Lecturer And Posted At Govt. High School Silghat, Block Kurud, District Dhamtari Chhattisgarh.

38.Kamlesh Sahu, S/o Shri Gokul Ram Sahu, Aged About 38 Years Working As Lecturer And Posted At Govt. Higher Secondary School Bagdehi, Block Kurud, District Dhamtari Chhattisgarh.

39.Vijay Singh Thakur, S/o Shri Shiv Kumar Thakur, Aged About 39 Years Working As Lecturer And Posted At Govt. Higher Secondary School Bagdehi, Block Kurud, District Dhamtari Chhattisgarh. 40.Virendra Kumar Sahu, S/o Shri Firat Ram Sahu, Aged About 38 Years Working As Lecturer And Posted At Govt. Higher Secondary School Semra ( B), Block Kurud, District Dhamtari Chhattisgarh. 41.Mukesh Kumar Patel, S/o Shri Bisaru Ram Patel, Aged About 40 Years Working As Lecturer And Posted At Govt. Higher Secondary School Kotalbod, Block Kurud, District Dhamtari Chhattisgarh. ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Mantralaya, New Raipur, District

Raipur Chhattisgarh

2. Director, Panchayat Department, Raipur, District Raipur Chhattisgarh

3. Chief Executive Officer, Zila Panchayat Dhamtari, District Dhamtari Chhattisgarh

4. Chief Executive Officer, Zila Panchayat Baloda Bazar Bhatapara, District Baloda Bazar Bhatapara Chhattisgarh

5. Chief Executive Officer, Zila Panchayat Balod, District Balod Chhattisgarh

6. Block Education Officer, Block Gurur, District Balod Chhattisgarh

7. Block Education Officer, Block Kasdol, District Baloda Bazar Bhatapara Chhattisgarh.

8. Block Education Officer, Block Kurud, District Dhamtari Chhattisgarh --- Respondents For the Petitioners : Mr. Ajay Shrivastava, Advocate.

For the State : Ms. Akanksha Jain, Dy. Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order 15.07.2020

1. The limited grievance which the petitioners have raised in this writ petition is that by virtue of order passed in WPS No.2530 of 2017 (Mukesh Kumar Patel and another Vs. State of Chhattisgarh and another) decided on 26.11.2017 the petitioners have been granted 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 and though the respondents have made a calculation which the petitioners were entitled from the date of their completion of 8 years but no effective orders have been passed nor has department taken any steps for release 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 the respondents have complied with the order to the extent of granting revised pay scale to the petitioner, let respondents No.3 to 6 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