Hemant Kumar Sahu, v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3526 of 2020

1. Hemant Kumar Sahu, S/o Shri Heeralal Sahu, Aged About 38 Years Working As Assistant Teacher (L.B.) And Posted At Government Middle School Korra, Block Kurud, District Dhamtari Chhattisgarh

2. Mukesh Kumar Sahu, S/o Shri Nand Kumar Sahu, Aged About 39 Years Working As Teacher (L.B.) And Posted At Government Middle School Gatapar, Block Kurud, District Dhamtari Chhattisgarh.

3. Smt. Mamta Durve, D/o Deepak Netam Aged About 38 Years Working As Teacher (L.B.) And Posted At Government Middle School Gatapar, Block Kurud, District Dhamtari Chhattisgarh.

4. Ashutosh Kahar, S/o Shri Babulal Kahar, Aged About 40 Years Working As Teacher (L.B.) And Posted At Government, Middle School Loharpathara, Block Kurud, District Dhamtari Chhattisgarh.

5. Bhojraj Sahu, S/o Shri Punitram Sahu, Aged About 41 Years Working As Lecturer (L.B.) And Posted At Government Higher Secondary School Korra, Block Kurud, District Dhamtari Chhattisgarh.

6. Yuvraj Kumar Sahu, S/o Shri Ramhari Sahu, Aged About 42 Years Working As Lecturer (L.B.) And Posted At Government Higher Secondary School Korra, Block Kurud, District Dhamtari Chhattisgarh.

7. Chandra Prakash Sahu, S/o Shri Trith Ram Sahu, Aged About 42 Years Working As Lecturer (L.B.) And Posted At Government Higher Secondary School Kandel, Block Dhamtari, District Dhamtari Chhattisgarh.

8. Jitendra Sarva, S/o Shri K. R. Sarva, Aged About 46 Years Working As Lecturer (L.B.) And Posted At Government Higher Secondary School Kandel, Block Dhamtari, District Dhamtari Chhattisgarh.

9. Smt. Lokeshwari Sarva, W/o Shri J.K. Sarva Aged About 36 Years Working As Assistant Teacher (L.B.) And Posted At Government Primary School Mujgahan, Block Dhamtari, District Dhamtari Chhattisgarh. 10.Prem Kumar Sahu, S/o Shri Mukund Ram Sahu, Aged About 40 Years Working As Teacher (L.B.) And Posted At Government Middle School Rawanguda, District Dhamtari Chhattisgarh.

11. Naveen Kumar Sahu, S/o Shri Jivraj Ram Sahu, Aged About 39 Years Working As Lecturer (L.B.) And Posted At Government Higher Secondary School Mujgahan, Block Dhamtari, District Dhamtari Chhattisgarh. 12.Bhagwat Ram Manhar, S/o Shri Jagdish Ram Manhar, Aged About 39 Years Working As Teacher (L.B.) And Posted At Government Middle School Fusera, Block Kurud, District Dhamtari Chhattisgarh. 13.Nand Kishor Kalihari, S/o Shri Moti Lal Kalihari, Aged About 49 Years Working As Teacher (L.B.) And Posted At Government Middle School Karga, Block Kurud, District Dhamtari Chhattisgarh.

14.Keshav Lal Yadav, S/o Shri Dular Ram Yadav, Aged About 50 Years Working As Lecturer (L.B.) And Posted At Government Higher Secondary School

Anwari, Block Kurud, District Dhamtari Chhattisgarh. 15.Prakash Kumar Chandrakar, S/o Shri Kodu Ram Chandrakar, Aged About 41 Years Working As Lecturer (L.B.) And Posted At Government Higher Secondary School Parkhandha, Block Kurud, District Dhamtari Chhattisgarh.

16.Mukesh Kumar Sahu, S/o Late Shri Chaman Lal Sahu, Aged About 41 Years Working As Lecturer (L.B.) And Posted At Government Higher Secondary School Dugali, Block Nagri, District Dhamtari Chhattisgarh. 17.Ishwar Lal Sahu, S/o Shri Teerath Ram Sahu, Aged About 40 Years Working As Lecturer (L.B.) And Posted At Government Higher Secondary School Dugali, Block Nagri, District Dhamtari Chhattisgarh. 18.Girdhari Kumar Nag, S/o Shri Shiv Kumar Nag, Aged About 40 Years Working As Lecturer (L.B.) And Posted At Government Higher Secondary School Dugali, Block Nagri, District Dhamtari Chhattisgarh 19.Bhisham Kumar Dhruw, S/o Shri Nakul Ram Dhruw, Aged About 38 Years Working As Teacher (L.B.) And Posted At Government Middle School Dugali, Block Nagri, District Dhamtari Chhattisgarh 20.Yangesh Kumar Sahu, S/o Shri Nammu Ram Sahu, Aged About 41 Years Working As Lecturer (L.B.) And Posted At Government Higher Secondary School Sankari, Block Kurud, District Dhamtari Chhattisgarh. ---- Petitioners

Versus

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

2. Director, Panchayat Department, Raipur, District Raipur Chhattisgarh.

3. Chief Executive Officer, Zila Panchayat Dhamtari, District Dhamtari Chhattisgarh.

4. Block Education Officer, Block Dhamtari, District Dhamtari Chhattisgarh.

5. Block Education Officer, Block Kurud, District Dhamtari Chhattisgarh

6. Block Education Officer, Block Nagri, District Dhamtari Chhattisgarh. --- Respondents For the Petitioners : Mr. Ajay Shrivastava, Advocate.

For the State : Ms. Akanksha Jain, Dy. Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order

03.09.2020

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 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 respondents No.3 to 6 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