High Court Of ChhattisgarhWPS/3263/2020disposed off

Nitesh Kumar v. State Of Chhattisgarh

2020-08-20Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3263 of 2020

1. Nitesh Kumar S/o Shri Vinda Prasad Aged About 38 Years Teacher (Panchyat) And Posted At Govt. Middle School Billiband Block Kota, District- Bilaspur, Chhattisgarh.

2. Kapil Dev Yadav S/o Shri Aghat Ram Yadav Aged About 42 Years Teacher (Panchayat) And Posted At Govt. Middle School Salka Kota Bilaspur.

---- Petitioners

Versus

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

2. Chief Executive Officer, Through Chief Executive Officer, Jila Panchayat Bilaspur, District : Bilaspur, Chhattisgarh ---- Respondents For Petitioners :

Mr. Ajay Shrivastava, Advocate For State :

Ms. Richa Shukla, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order 20-08-2020

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 petitioners have been been granted the 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 but no effective orders have been passed nor has department 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 the respondents have complied with the order to the extent of granting revised pay scale to the petitioner, let respondent No.2 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 of.

Sd/- (Goutam Bhaduri) Judge Raju