Smt. Usha Devi Nirala v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 3575 of 2021

1. Smt. Usha Devi Nirala W/o Anil Kumar Lakda Aged About 40 Years Working As Lecturer (L.B.) Government Higher Secondary School, Sitapur , Block Sitapur, District Surguja Chhattisgarh. ---Petitioner(s)

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 :

Shri Harish Khuntiya, Advocate.

For State :

Shri Suyash Dhar, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 14.07.2021 .

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

-2releasing 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 inder