Panesh Kumar Sen v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3677 of 2020

1. Panesh Kumar Sen S/o Shri Narayan Ram Sen, Aged About 39 Years Working As Lecturer (L.B.) And Posted At Govt. Girls Higher Secondary School Magarlod, Block Magarlod, District

2. Wakesh Kumar Rawat, S/o Shri Baratoo Ram Rawat, Aged About 44 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Nawagaon (Khisora), Block Magarlod, District Dhamtari Chhattisgarh.

3. Smt. Keerti Sen, W/o Shri Panesh Kumar Sen, Aged About 34 Secondary School Mohandi, Block Magarlod, District Dhamtari

4. Awdhesh Kumar Sahu, S/o Shri Parasram Sahu, Aged About 43 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Mohrenga, Block Magarlod, District

5. Ku. Shiva Devi Soni, D/o Shri Mayaram Soni, Aged About 40 Secondary School Bhendri, Block Magarlod, District Dhamtari

6. Mukesh Kumar Kurre, S/o Shri Bhurwa Ram Kurre, Aged About 43 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Kareli Badi, Block Magarlod, District Dhamtari Chhattisgarh.

7. Santosh Kumar Sahu, S/o Shri Mohan Lal Sahu, Aged About 42 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Kundel (Madhuban), Block Magarlod, District Dhamtari Chhattisgarh.

8. Narendra Rao Mohite, S/o Shri Guhari Rao Mohite, Aged About 39 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Kareli Chhoti, Block Magarlod, District Dhamtari Chhattisgarh.

9. Harendra Kumar Sahu, S/o Shri Tirath Ram Sahu, Aged About 40 Years Working As Teacher (L.B.) And Posted At Govt. Middle School Giroud, Block Magarlod, District Dhamtari

10. Smt. Kamleshwari Sonkar, D/o Shri Bhagirathi Sonkar, Aged About 36 Years Working As Teacher (L.B.) And Posted At Govt. Middle School Kareli Badi, Block Magarlod, District

11. J. Ramkaran Sahu, S/o Shri Janak Ram Sahu, Aged About 36 Years Working As Teacher (L.B.) And Posted At Govt. Middle School Khatti, Block Magarlod, District Dhamtari Chhattisgarh.

12. Kuleshwar Kanwar, S/o Shri Rewa Ram Kanwar, Aged About 36 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Sargi, Block Magarlod, District Dhamtari Chhattisgarh,

13. Smt. Pratibha Singh, D/o Shri Ganendra Kumar Gangasagar, Aged About 38 Years Working As Teacher (L.B.) And Posted At Govt. Middle School Sargi, Block Magarlod, District

14. Dinesh Kumar Jataw, S/o Shri Mer Singh Jataw, Aged About 42 Years Working As Teacher (L.B.) And Posted At Govt. Middle School Sargi, Block Magarlod, District Dhamtari

15. Megh Singh Kanwar, S/o Shri Gaind Lal Kanwar, Aged About 35 Years Working As Teacher (L.B.) And Posted At Govt. Middle Rankadh School Magarlod, Block Magarlod, District

16. Kishor Kumar Jangde, S/o Shri Budhram Jangde, Aged About 41 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Kareli Badi, Block Magarlod, District

17. Smt. Shakuntala Diwan, D/o Shri Dushyant Singh Diwan, Aged About 36 Years Working As Teacher (L.B.) And Posted At Govt. Middle School Borsi, Block Magarlod, District Dhamtari 18.

Resham Lal Sahu, S/o Shri Makhan Lal Sahu, Aged About 42 Secondary School Dahdaha, Block Magarlod, District Dhamtari 19.

Smt. Tara Dhruw, D/o Shri Surendra Kumar Dhruw, Aged About 38 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Borsi, Block Magarlod, District

20. Mahendra Kumar Sahu, S/o Jaddu Ram Sahu, Aged About 41 Years Working As Teacher (L.B.) And Posted At Govt. Middle School Parsatthi, Block Magarlod, District Dhamtari Chhattisgarh,

21. Omprakash Sahu, S/o Shri Awadh Ram Sahu, Aged About 47 Years Working As Teacher (L.B.) And Posted At Govt. Higher Secondary School Katalbod, Block Magarlod, District Dhamtari

22. Doman Das Navrange, S/o Shri Bohram Das Navrange, Aged About 39 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Mohadi, Block Magarlod, District Dhamtari Chhattisgarh.

23.

Hitesh Kumar Bansor, S/o Shri Govinda Ram Bansor, Aged About 35 Years Working As Lecturer (L.B.) And Posted At Govt. High School Bodra, Block Magarlod, District Dhamtari

24. Smt. Madhu Diwan, W/o Shri Digeshwar Diwan, Aged About 35 Years Working As Teacher (L.B.) And Posted At Govt. Middle School Mandroud, Block Kurud, District Dhamtari 25.

Smt. Yamini Sinha, W/o Shri Rakesh Kumar Sinha, Aged About 37 Years Working As Teacher (L.B.) And Posted At Govt. Middle School Charmudiya, Block Kurud, District 26.

Nilofer Khan, D/o Abdul Kalam Khan, Aged About 35 Years Working As Teacher (L.B.) And Posted At Govt. Higher Secondary School Kandul, Block Gunderdehi, District Balod 27.

Nagendra Prasad, S/o Kamal Prasad, Aged About 48 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Temri, Block Bagbahra, District Mahasamund Chhattisgarh.

28.

Smt. Vandana Tiwari, W/o Shri Vinod Tiwari, Aged About 38 Secondary School Rahud, Block Gunderdehi, District Balod 29.

Dinesh Kumar Banjare, S/o Shri Domar Singh Banjare, Aged About 39 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Joratarai, Block Kurud, District ---- 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

3. Chief Executive Officer, Zila Panchayat Dhamtari, District

4. Chief Executive Officer, Zila Panchayat Balod, District Balod

5. Chief Executive Officer, Zila Panchayat Mahasamund, District Mahasamund Chhattisgarh.

6. Chief Municipal Officer, Nagar Panchayat Magarlod, District Dhamtari Chhattisgarh, District : Dhamtari, Chhattisgarh

7. Chief Municipal Officer, Nagar Panchayat Kurud, District

8. Chief Municipal Officer, Nagar Panchayat Gunderdehi, District Balod Chhattisgarh.

9. Chief Municipal Officer, Nagar Panchayat Bagbahra, District Mahasamund Chhattisgarh.

10. Chief Municipal Officer, Nagar Panchayat Balod, District Balod

11. Block Education Officer, Block Magarlod, District Dhamtari 12.

Block Education Officer, Block Kurud, District Dhamtari 13.

Block Education Officer, Block Gunderdehi, District Balod 14.

Block Education Officer, Block Bagbahra, District Mahasamund Chhattisgarh.

15.

Block Education Officer, Block Balod, District Balod ---- Respondents

For Petitioner :

Mr. Ajay Shrivastava, Advocate.

For State :

Ms. Richa Shukla, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order 18-09-2020

1. Heard.

2. 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.

3. 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.

4. 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 15 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 of.

Sd/- (Goutam Bhaduri) Judge Raju