Dharmenddra Kumar Sainik v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3075 of 2020

1. Dharmendra Kumar Sainik S/o Ramcharan Sainik Aged About 40 Years Working As Teacher (L.B.) At Government Middle School Dhurrabandha, Block Bhatapara District Baloda Bazar-Bhatapara Chhattisgarh

2. Sudhir Singh Thakur S/o Kalyan Singh Aged About 39 Years Working As Teacher (L.B.) At Government Middle School Paraswani, Block Simga, District Baloda Bazar-Bhatapara Chhattisgarh

3. Subhash Singh Kashyap S/o Kalyan Singh Kashyap Aged About 45 Years Working As Lecturer, (L.B.) At Government Girls Higher Secondary School Simga, Block Simga, District Baloda Bazar-Bhatapara Chhattisgarh ---- Petitioners

Versus

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

2. Secretary, Department Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa 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 : BalodabazarBhathapara, Chhattisgarh ---- Respondents For Petitioners :

Mr. Govind Dewangan, Advocate For State :

Ms. Richa Shukla, Dy. Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri

ORDER

11.08.2020

1. The limited grievance which the petitioners have raised in this present writ petition is that by virtue of order passed by this Court in the case of Mukesh Kumar Patel Vs. State of Chhattisgarh, WPS No. 2530/2017 decided on 26.11.2017, they should have been granted 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 orders have been passed nor the department has 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 Kumar Patel (Supra) which has also been affirmed by the Division Bench and taking note of the fact that respondents have complied with the order to the extent of granting revised pay scale to the petitioners, let respondents No. 2 & 3 take an appropriate decision at the earliest so far as release 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 present writ petition stands disposed off.

Sd/- Goutam Bhaduri Aks Judge