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High Court Of ChhattisgarhWPS/3545/2021disposed off

Smt. Mamta Xalxo v. State Of Chhattisgarh

2021-07-13Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 3545 of 2021 Smt. Mamta Xalxo D/o Aloeus Xalxo, Aged About 34 Years, Working As Lecturer (L.B.), Government High School, Baneya, Block Sitapur, District Surguja, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur Chhattisgarh

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

3. Commissioner Cum Director, Directorate Of Panchayat, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh.

4. Director, Public Instructions, Raipur, District Raipur, Chhattisgarh.

5. Collector, Ambikapur, District Surguja, Chhattisgarh.

6. Chief Executive Officer, Jila Panchayat, Ambikapur, District Surguja Chhattisgarh.

7. District Education Officer, Ambikapur, District Surguja, Chhattisgarh. ---- Respondents For Petitioner :

Mr. Harish Khuntiya, Advocate For State :

Ms. Sunita Jain, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 13.07.2021

1. The limited grievance which the petitioner has raised in the present writ petition is the benefits which arise, by virtue of the order passed by this Court in the case of Mukesh Kumar Patel & another Vs. State of

Chhattisgarh & another, WPS No. 2530/2017 decided on 28.11.2017 as regards granting of the 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 from the date of her completion of 8 years of service but no effective order has been passed nor the department has taken any step for releasing the arrears of payment. The petitioner prays for an 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 Kumar Patel (Supra) which has also been affirmed by the Division Bench and also 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 the respondents 2 & 3 take an appropriate decision at the earliest as regards releasing 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 writ petition stands disposed of.

Sd/- P. Sam Koshy Judge Khatai