Mahendra Kumar Patel v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4473 of 2021

1. Mahendra Kumar Patel S/o Shri Hemraj Patel Aged About 39 Years Working As Teacher (L.B.) At Government Middle School Barpali Block Baramkela District Raigarh Chhattisgarh

2. Kranti Sidar D/o Shri Bhog Singh Sidar Aged About 41 Years Working As Teacher (L.B.) At Government Middle School Katangpali (B) Block Baramkela District Raigarh Chhattisgarh.

3. Sumant Kumar Patel S/o Shri Tejram Patel Aged About 34 Years Working As Teacher (L.B.) At Government Middle School Bhulumuda, Block Baramkela District Raigarh Chhattisgarh.

4. Bhumisuta Patel W/o Shri Sumant Kumar Patel Aged About 31 Years Working As Teacher (L.B.) At Government Middle School Jalgarh, Block Baramkela District Raigarh Chhattisgarh.

5. Ballabh Kumar Yadav S/o Shri Suraj Kumar Yadav Aged About 36 Years Working As Teacher (L.B.) At Government Middle School Panchdhar, Block Baramkela District Raigarh Chhattisgarh.

6. Lav Kumar Sidar S/o Shr Raghunath Sidar Aged About 40 Years Working As Teacher (L.B.) At Government Middle School Porath Block Baramkela District Raigarh Chhattisgarh.

---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh

2. Secretary Department Of Panchayat And Rural Development , Mantralaya Mahanadi Bhawan Atal Nagar , Naya Raipur , District Raipur Chhattisgarh.

3. Commissioner Cum Director Directorate Of Panchayat , Atal Nagar , Naya Raipur , District Raipur Chhattisgarh.

4. Chief Executive Officer Zila Panchayat Raigarh, District Raigarh Chhattisgarh.

-25. Chief Executive Officer Janpad Panchayat Baramkela , Block Baramkela, District Raigarh Chhattisgarh.

---- Respondents For Petitioner :

Mr. Rohitashva Singh, Advocate.

For State :

Mr. Jitendra Pali, Dy. AG Hon'ble Shri Justice P. Sam Koshy Order on Board 24/08/2021

1. The limited grievance which the petitioners have raised in the present writ petition by virtue of the order passed by this Court in the case of Mukesh Kumar Patel Vs. State of Chhattisgarh, WPS No. 2530/2017decided on 26.11.2017 is for grant of 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. Though the respondents have made a calculation which the petitioner was entitled for from the date of their completion of 8years of service but no effective orders have been passed nor have the department taken any step for releasing 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 petitioners, let respondents take an appropriate decision at the earliest so far as release of the arrears of payment which the petitioners are entitled for, subject to verification of their entitlement for the

-3same. Expecting a decision from the respondents within a period of 90 days from the date of receipt of copy of this order.

4. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge Rohit