Smt. Sushan Toppo v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 3552 of 2021

1. Smt. Sushan Toppo W/o Juwel Toppo, Aged About 36 Years, Working As Teacher (L.B.) Government Kasturba Gandhi Balika Awasiya Girls School, Sitapur, District Surguja Chhattisgarh

2. Smt. Sandhya Patel W/o Manish Patel, Aged About 32 Years, Working As Teacher (L.B.) Government Middle School, Chhatrikona, Block Sitapur, District Surguja, Chhattisgarh.

3. Smt. Nalini Toppo W/o Siril Toppo, Aged About 32 Years, Working As Teacher (L.B.) Government Middle School, Purani Basti, Patthalgaon, District Jashpur, Chhattisgarh.

---- Petitioners

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. Chief Executive Officer, Jila Panchayat, Jashpur, District Jashpur, Chhattisgarh

8. District Education Officer, Ambikapur, district Surguja, Chhattisgarh

9. District Education Officer, Jashpur, District Jashpur, Chhattisgarh. ---- Respondents

For Petitioners :

Mr. Harish Khuntiya, Advocate For State :

Ms. Abhyunati Singh, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 13.07.2021

1. The limited grievance which the petitioners have 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 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 of service but no effective order has been passed nor the department has taken any step for releasing the arrears of payment. The petitioners pray 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 petitioners, let the respondents 2 & 3 take an appropriate decision at the earliest as regards releasing of the arrears of payment which the petitioners are 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