Hemant Kumar Binjwar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3267 of 2020

1. Hemant Kumar Binjwar S/o Shri Shriram Binjwar Aged About 38 Years And Posted At Govt. High School Boro Block Dharmjaigarh District Raigarh Chhattisgarh

2. Sunita Behra W/o Shri Rohit Kumar Behra Aged About 35 Years Working As Teacher (L. B.) And Posted At Govt. Higher Primary School Barhar Block Dharmjaigarh District Raigarh Chhattisgarh.

3. Jabtu Ekka S/o Mahendra Ekka Aged About 47 Years Teacher (L. B.) Govt. Middle School Kida Block Dharamjaigarh District Raigarh Chhattisgarh

4. Ku. Anju Nag D/o Shri Nandlal Aged About 36 Years Lecturer (L. B.) Govt. High School Madanpur Block Gariyaband District Gariyaband Chhattisgarh.

5. Suraj Dev Nayak S/o Shri Narsingh Nayak Aged About 41 Years Govt. M. S. School Kida Block Dharmjaigarh District Raigarh Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Panchayat Mahanadi Bhawan, Mantralaya New Raipur, District Raipur Chhattisgarh

2. Chief Executive Officer Jila Panchayat Raigarh District Raigarh Chhattisgarh

3. Chief Executive Officer Jila Panchayat Gariyaband District Gariyaband Chhattisgarh ---- Respondents For Petitioners :

Mr. Ajay Shrivastava, Advocate For Respondents/ State :

Ms. Akansha Jain, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 20.08.2020

1. The limited grievance which the petitioners have raised in this writ

petition is that by virtue of order passed by this Court in the case of Mukesh Kumar Patel Vs. State of Chhattisgarh in WPS No. 2530/2017 decided on 26.11.2017 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 his completion of 8 years of service but no effective orders have been passed nor have 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 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 petitioner, 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/- Sd/- (Goutam Bhaduri) Judge Vishakha