Smt. Merry Manikpuri Vaishnav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3593 of 2015 • Smt. Merry (Manikpuri) Vaishnav W/o Shri Prem Das, Aged About 58 Years, Child Development Project Officer, Bodla, District Kabirdham Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Women And Child Development Department, Mahanadi Bhawan, Mantralaya, New Raipur, Raipur Chhattisgarh

2. The Commissioner, Woman And Child Development Department, Mahanadi Bhawan, Mantralaya, New Raipur, Raipur Chhattisgarh

3. The District Project Officer, Women And Child Development Department, Mahandi Bhawan, Mantralaya, New Raipur, Raipur Chhattisgarh ---- Respondents For Petitioner Shri Praveen Das, Advocate For Respondent-State Shri Adhiraj Surana, Dy. GA Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 21/11/2017 1.

Petitioner is aggrieved by non payment of increment for having undergone the sterilization operation and other necessary allowances, Kramonnati etc. for the last 30 years 2.

In the return filed by the respondents, the following has been stated in para 6:- 6.

"It is most humbly submitted that as soon as the entries will be made in the Service Book of the petitioner, the proceedings will be initiated to pay

the dues of the petitioner."

3.

Having perused the papers, it appears, the issue is pending before the competent authority for no fault of the petitioner and the respondents are doing nothing except writing letters from one office to other. It is also to be noticed that the petitioner is working as Project Officer, Department of Women and Child Development, Kabirdham and is due to attain the age of superannuation in March 2019.

4.

Having considered the issue brought before this Court, it is deemed appropriate that the State Government should decide the petitioner's pending grievances regarding non payment of increments, allowances, Kramonnati, revised pay scale, arrears etc. at the earliest so that the petitioner overcomes the financial hardships, which she has been suffering throughout her career. 5.

Let the petitioner prefer a representation together with the present order passed by this Court before the Commissioner, Women and Child Development Department, Mantralaya, Mahanadi Bhawan, New Raipur with copy to District Project Officer, Women and Child Development Department, Kabirdham within a period of 4 weeks from today. Upon submission of the representation along with certified copy of this order, the Authority shall decide the grievance raised by the petitioner within a further period of 12 weeks, failing which whatever amount is found due to the petitioner shall carry interest @ 12% per annum on the entire amount of arrears, which shall be payable by the District Project Officer, Women and Child Development Department, Kabirdham and the Commissioner, Women and Child

Development Department, Raipur, which they shall not be entitled to get reimbursed from the State Government. It is also observed that if the petitioner's pension case is not finalized due to the non finalization of the issue of increment, revised pay scale, Kramonnati and arrears, the above said Authorities shall also pay interest @ 12% per annum on the entire arrears including the arrears of pension, which they shall also not be entitled to get reimbursed from the State Government.

6.

Let the decision be taken within the time framed indicated above. 7.

The writ petition stands disposed of.

Sd/- Judge Prashant Kumar Mishra Nirala