Radheshyam Khare v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3217 of 2020

1. Radheshyam Khare S/o Sundar Lal Khare Aged About 44 Years Working As Lecturer (L.B.) At Government Higher Secondary School, Gidhpuri, Block Pallari, District Baloda Bazar Bhatapara Chhattisgarh

2. Bishesar Singh Sahu S/o Kothari Ram Sahu Aged About 50 Years Working As Lecturer (L.B.) At Government Higher Secondary School, Odan, Block Pallari, District Baloda Bazar Bhatapara Chhattisgarh

3. Kalam Das Ghritlahare S/o Chhattan Das Ghritlahare Aged About 44 Years Working As Lecturer (L.B.) At Government Higher Secondary School, Odan, Block Pallari, District Baloda Bazar Bhatapara Chhattisgarh.

4. Thaneshwar Kumar Arya S/o Itwari Ram Arya Aged About 43 Years Working As Lecturer (Panchayat) At Government Higher Secondary School, Kosmandi, Block Pallari, District Baloda Bazar Bhatapara Chhattisgarh

5. Sumit Kumar Tandan S/o Mohan Lal Tandan Aged About 37 Years Working As Lecturer (L.B.) At Government Higher Secondary School, Odan, Block Pallari, District Baloda Bazar Bhatapara Chhattisgarh

6. Smt. Rukhmani Goyal W/o Santosh Kumar Goyal Aged About 35 Years Working As Lecturer (L.B.) At Government Higher Secondary School, Jarwe, Block Pallari, District Baloda Bazar Bhatapara Chhattisgarh.

7. Miss. Hira Thakur D/o Mankar Singh Thakur Aged About 46 Years Working As Lecturer (L.B.) At Government Higher Secondary School, Odan, Block Pallari, District Baloda Bazar Bhatapara Chhattisgarh.

8. Hemant Kumar Deohari S/o Pati Ram Deohari Aged About 30 Years Working As Teacher (L.B.) At Government Middle School, Sisdewari, Block Pallari, District Baloda Bazar Bhatapara Chhattisgarh.

9. Bhushan Lal Kathuriya S/o Awadh Ram Kathuriya Aged About 39 Years Working As Teacher (L.B.) At Government Middle School, Sisdewari, Block Pallari, 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. Akanksha Jain, Dy. Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order 18.08.2020 Heard

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 petitioner has been granted the benefit of revised pay scale on completion of 8 years of service.

2. Learned counsel for the petitioners submit 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 are entitled from the date of his completion of 8 years but no effective orders have been passed nor have department taken any steps for release of the arrears of payment. The petitioners prays for appropriate direction to the respondents for releasing the said amount. According to the petitioners they had completed his 8 years of service on 28.02.2015 and accordingly they are entitled for the benefit of revised pay scale immediately on completion of 8 years of service. However, the benefit has been extended to the petitioners only from the year 2018. Thus the present writ petition has been filed seeking for direction to respondents to consider the claim of the arrears of benefit between 2015 to 2018.

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 petitioner, 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 off.

Sd/- Goutam Bhaduri Judge Jyoti