Manharan Lal Yadu v. State Of Chhattisgarh,

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3188 of 2020 Manharan Lal Yadu S/o Mohan Lal Yadu, Aged About 45 Years Working As Lecturer (L.B.) At Government High School Bakli, Block Fingeshwar, District Gariyaband Chhattisgarh.

---- Petitioner

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 Gariyaband, District Gariyaband Chhattisgarh.

5. District Education Officer, Gariyaband, District Gariyaband Chhattisgarh. ---- Respondents For Petitioner :

Mr. Govind Dewangan, Advocate For State :

Ms. Akanksha Jain, Dy. Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri

ORDER

18.08.2020

1. The limited grievance which the petitioner has 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, the petitioner should have been granted 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 petitioners prospectively and though the respondents have made a calculation which the petitioner is entitled from the date of his 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 petitioner prays for appropriate direction to the respondents for releasing the said amount. According to the petitioner, he had completed his 8 years of service on 14.08.2016 and accordingly he is entitled for the benefit of revised pay scale immediately on completion of 8 years of service. However, the benefit has been extended to the petitioner 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 2016 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 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 to 4 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