Phool Chand Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3226 of 2020

1. Phool Chand Sahu S/o. Manharan Lal Sahu, Aged About 38 Years Working As Lecturer ( L.B.) At Government Higher Secondary School Kosamsara, Block Kasdol, District Baloda Bazar Bhatapara Chhattisgarh..

2. Smt. Anita Ogare W/o. Same Lal Ogare, Aged About 38 Years Working As Teacher ( L.B.) At Government Middle School Nagedi, Block Kasdol, District Baloda Bazar Bhatapara Chhattisgarh.

3. Smt. Mongara Dhruw W/o Mahesh Ram Dhruw, Aged About 37 Years Working As Teacher ( L.B.) At Government Middle School Bagar, Block Kasdol, District Baloda Bazar Bhatapara Chhattisgarh..

4. Indra Kumar Kalwart S/o Bisheshar Kaiwart, Aged About 41 Years Working As Lecturer ( L.B.) At Government Higher Secondary School Jhabdi, Block Kasdol, District Baloda Bazar Bhatapara Chhattisgarh.

5. Rohit Kumar Kanwar S/o. Ganesh Ram Kanwar, Aged About 42 Years Working As Lecturer ( L.B.) At Government Higher Secondary School Asneed, Block Kasdol, District Baloda Bazar Bhatapara Chhattisgarh.

6. Amit Verma, S/o. Shatruhan Prasad Verma, Aged About 41 Years Working As Lecturer ( L.B.) At Government Higher Secondary School Asneed, Block Kasdol, District Baloda Bazar Bhatapara Chhattisgarh.

7. Chand Ram Sahu S/o Phul Say Sahu, Aged About 39 Years Working As Lecturer ( L.B.) At Government Higher Secondary School Gidhori, Block Kasdol, District Baloda Bazar Bhatapara Chhattisgarh.

8. Rajesh Kumar Kashyap S/o Ram Krishna Kashyap, Aged About 38 Years Working As Lecturer ( L.B.) At Government Higher Secondary School Katgi, Block Kasdol, District Baloda Bazar Bhatapara Chhattisgarh.

9. Kamlesh Kumar Kashyap S/o Laxman Prasad Kashyap Aged About 42 Years Working As Lecturer ( L.B.) At Government Higher Secondary School Asneed, Block Kasdol, District Baloda Bazar Bhatapara Chhattisgarh./

10. Khilawan Singh Paikara S/o Sitaram Paikara, Aged About 36 Years Working As Teacher ( L.B.) At Government Middle School Asneed, Block Kasdol, District Baloda Bazar Bhatapara Chhattisgarh.

11. Sarita Dhruwe W/o Narendra Singh, Aged About 36 Years Working As Teacher ( L.B.) At Government Middle School Kurraha, Block Kasdol, District Baloda Bazar Bhatapara Chhattisgarh.

12. Laxminarayan Kathotre S/o Mukut Ram Kathotre, Aged About 32 Years Working As Teacher ( L.B.) At Government Middle School Mohtara, Block Kasdol, District Baloda Bazar Bhatapara Chhattisgarh.

13. Rajesh Kumar Paikara S/o Firatoo Ram Paikara, Aged About 37 Years Working As Teacher ( L.B.) At Government Middle School Devgaon (Rajadevri), Block Kasdol, District Baloda Bazar Bhatapara Chhattisgarh.

14. Shailendra Kumar Dadsena S/o Dadu Ram Dadsena, Aged About 33 Years Working As Teacher ( L.B.) At Government Middle School Naya Kharve, Block Kasdol, District Baloda Bazar Bhatapara Chhattisgarh.

---- Petitioners

Versus

1. State of Chhattisgarh through the Secretary, Department of School Education, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh.

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

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

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

5. District Education Officer, Baloda Bazar Bhatapara, District Baloda Bazar Bhatapara Chhattisgarh ---- Respondents For Petitioners :

Mr. Govind Dewangan, Advocate For State :

Ms. Akansha Jain, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order 19-08-2020

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 petitioners, let respondents No.2 to 4 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 of.

Sd/- (Goutam Bhaduri) Judge Raju