Devendra Kumar Kashi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (SERVICE) NO. 3691 OF 2021 1.

Devendra Kumar Kashi, S/o Shri Shobha Ram Kashi, aged about 38 years, working as Teacher (L.B.) and posted at Government Middle School Khatti, Block Gariyaband, District Gariyaband (CG) 2.

Virendra Kumar Dhruw, S/o Late Shri Makhan Lal Dhruw, aged about 35 years, working as Teacher (L.B.) and posted at Government Middle School Pariyabahra, Block Gariyaband, District Gariyaband (CG) 3.

Ravishankar Verma, S/o Shri Kejuram Verma, aged about 48 years, working as Teacher (L.B.) and posted at Government Middle School Kokdi, Block Gariyaband, District Gariyaband (CG) 4.

Ram Kumar Sahu, S/o Shri Lala Ram Sahu, aged about 37 years, working as Teacher (L.B.) and posted at Government Middle School, Kantidadar, Block Gariyaband, District Gariyaband (CG) 5.

Khemlal Verma, S/o Shri Dhanaram Verma, aged about 40 years, working as Teacher (L.B.) and posted at Government Middle School Kosami (D), Block Gariyaband, District Gariyaband (CG) 6.

Smt. Gayatri Sidar, D/o Shri Tirathram Sidar, aged about 39 years, working as Teacher (L.B.) and Posted at Government Middle School Ghutkoonawapara, Block Gariyaband, District Gariyaband (CG) 7.

Smt. Yamini Belgahe, W/o Shri Surendra Kumar Belgahe, aged about 38 years, working as Teacher (L.B.) and Posted at Government Middle School Paragaon, Block Gariyaband, District Gariyaband (CG) ... Petitioners versus 1.

State of Chhattisgarh, through Secretary, Department of Panchayat and Rural Development, Mahanadi Bhawan, Mantralaya New Raipur, District Raipur (CG) 2.

Director, Panchayat and Rural Development Department, Indravati Bhawan, Raipur, District Raipur (CG) 3.

Chief Executive Officer, Zila Panchayat, Gariyaband, District Gariyaband (CG) 4.

Chief Executive Officer, Janpad Panchayat, Gariyaband, District Gariyaband (CG) ... Respondents For Petitioners :

Mr. Ajay Shrivastava, Advocate.

For Respondents/State :

Ms. Binu Sharma, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board /07/2021 1.

The limited grievance which the Petitioners have raised in the present Writ Petition, 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, is for grant of benefit of revised pay scale on completion of 8 years of service. 2.

Learned Counsel for Petitioners submits that the grievance which now remains is that the benefit is being provided to the Petitioners prospectively. Though the Respondents have made a calculation which the Petitioners were

entitled for from the date of their completion of 8 years of service but no effective orders have been passed nor has the Department taken any step for releasing the arrears of payment. Petitioners pray for appropriate direction to 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 2 to 4 take an appropriate decision at the earliest so far as release of 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 is disposed of. 4.

Writ Petition accordingly stands disposed of. Sd/- (P. Sam Koshy) /sharad/ JUDGE