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High Court Of ChhattisgarhWPS/4089/2020disposed off

Manoj Kumar Patel v. State Of Chhattisgarh

2020-10-14Hon'Ble Shri Justice Goutam Bhaduri5 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4089 of 2020

1. Manoj Kumar Patel Son Of Shri Mohan Lal Patel Aged About 36 Years Presently Posted At Govt. Middle School Ghatula Block - Nagari, Resident Of Nagari District - Dhamtari (Chhattisgarh).

2. Upendra Sahu S/o Shri Madan Lal Sahu Aged About 40 Years Presently Posted At Govt. Middle School Lakhanpuri, Resident Of Village Nagari District - Dhamtari (Chhattisgarh),

3. Surendra Kumar Netam S/o Shri Ramlal Netam Aged About 36 Years Presently Posted At Govt. Higher Secondary School Belrgaon, Block Nagari, Resident Of Village Kanspur Block Nagari District - Dhamtari (Chhattisgarh),

4. Umesh Kumar Nag S/o Shri Lakhan Lal Aged About 40 Years Presently Posted At Govt. Higher Secondary School Belargaon, Resident Of Village Ghathula, Block Nagari District - Dhamtari (Chhattisgarh), District : Dhamtari, Chhattisgarh

5. Johar Singh Markam S/o Shri Mangalu Ram Markam Aged About 49 Years Presently Posted At Govt. Higher Secondary School Ghutakel, Resident Of Village Ward No. 11 Kaspur Block Nagari District - Dhamtari (Chhattisgarh),

6. Ajit Kumar Kashyap S/o Shri Nirbhay Singh Kashyap Aged About 36 Years Presently Posted At Govt. Higher Secondary School Dhurawad, Resident Of Village Ward No. 07 Malhari Block Khamariya District - Dhamtari (Chhattisgarh),

7. Sanjay Kumar Shandilya S/o Bhanuram Shandiliya Aged About 39 Years Presently Posted At Govt. Higher Secondary School Sihawa, Resident Of Village Ward No. 10 Panwdwar District - Dhamtari (Chhattisgarh),

8. Hira Ram Markam S/o Shri Sukhchand Markam Aged About 37 Years Presently Posted At Govt. Higher Secondary School Sihawa, Resident Of Village Panchayat Para Latiyara, Block Semara, District - Dhamtari (Chhattisgarh),

9. Dinesh Kumar Shandilya S/o Shri Sewa Ram Shandilya Aged About 44 Years Presently Posted At Govt. Higher Secondary School Birgudi, Resident Of Village Ward No. 13, Bhiterras, Block Sihawa, District - Dhamtari (Chhattisgarh), 40 Years Presently Posted At Govt. High School Gandongari, Resident

Of Village Nagari, District - Dhamtari (Chhattisgarh),

11. Vishnu Ram Korram S/o Shri Devnath Korram Aged About 46 Years Presently Posted At Govt. High School Umargaon, Block Nagari, Resident Of Village Ward No. 2 Barbandha District - Dhamtari (Chhattisgarh),

12. Dani Ram Sahu S/o Shri Ram Lal Sahu Aged About 35 Years Presently Posted At Govt. Middle School Chargaon Block - Nagari, Resident Of Village Sirri Kulhadi Block Kurud District Dhamtari Chhattisgarh., 13.

Phoolchand Deo S/o Shri Jeevarakhan Dev Aged About 31 Years Presently Posted At Govt. Middle School Ghatula Block Nagari, Resident Of Nagari District Dhamtari Chhattisgarh.,

14. Bhinit Kumar Sahu S/o Shri Amar Lal Sahu Aged About 40 Years Presently Posted At Govt. Middle School Semara Resident Of Village Pharsiya District Dhamtari Chhattisgarh., 15.

Renuka Sooryavanshi W/o Shri Bhanendra Sooryavanshi Aged About 33 Years Presently Posted At Govt. Middle School Panwdawar Resident Of Village Ward No. 3 Rastava District Dhamtari Chhattisgarh.,

16. Baliyar Singh Sori S/o Shri Soman Singh Sori Aged About 42 Years Presently Posted At Govt. Middle School Gohan Nala Resident Of Village Ward No. 2 Kauhabahara Post Dugli District Dhamtari Chhattisgarh.,

17. Man Singh Sahu S/o Shri Maharu Ram Sahu Aged About 38 Years Presently Posted At Govt. Middle School Gandongari Resident Of Village Ward No. 3, Chhiplipara Block Sihawa District Dhamtari Chhattisgarh.,

18. Atul Kumar Dhruw S/o Shri Kunjihari Dhruw Aged About 39 Years Presently Posted At Govt. Middle School Devpur Block Nagari, Resident Of Village Ward No. 771 Swami Vivekanand Ward Nagari District Dhamtari Chhattisgarh.,

19. Pahupdas Manikpuri S/o Shri Gulabdas Manikpuri Aged About 40 Years Presently Posted At Govt. Middle School Mechaka Block Nagari, Resident Of Village Ward No. 22 Baisatara District Dhamtari Chhattisgarh.,

20. Umesh Kumar Dhruw S/o Shri Sahdev Ram Aged About 40 Years Presently Posted At Govt. Middle School Jhunjharkala Block Nagari, Resident Of Village Ward No. 12, Rajpur District Dhamtari Chhattisgarh

21. Dinesh Kumar Sahu S/o Shri Chamru Ram Sahu Aged About

38 Years Presently Posted At Govt. Middle School Karraghati Block Nagari, Resident Of Village Nagari District Dhamtari Chhattisgarh.,

22. Shashi Dhar Sharma S/o Shri Bala Prasad Sharma Aged About 45 Years Presently Posted At Govt. Primary School Kumar Para Kotamarra Block Nagari, Resident Of Village Ward No. 12 Dhuripara Nagari District Dhamtari Chhattisgarh., 23.

Rumesh Kumar Shandilya S/o Shri Sitaram Shandilya Aged About 37 Years Presently Posted At Govt. Primary School Ghatula Panwdwar Block Nagari, Resident Of Village Ward No. 5 Dewangan Para Panwdwar District Dhamtari Chhattisgarh., 24.

Rakesh Kumar Gayakwad S/o Shri Amar Chand Gayakwad Aged About 37 Years Presently Posted At Govt. Primary School Sihawa, Resident Of Village Kaittrai Block Sihawa District Dhamtari Chhattisgarh., ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Atal Nagar, Raipur District Raipur Chhattisgarh.

2. Commissioner Cum Director Panchayat Directorate Of Panchayat Naya Raipur, District Raipur Chhattisgarh.

3. Collector Dhamtari District Dhamtari Chhattisgarh.,

4. Chief Executive Officer Jila Panchayat Dhamtari District Dhamtari Chhattisgarh.,

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

6. Block Education Officer Dhamtari District Dhamtari Chhattisgarh., ---- Respondents For Petitioners :

Mr. Ajit Singh, Advocate.

For State :

Ms. Richa Shukl, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order

14-1-0-2020

1. Heard

2. The limited grievance which the petitioners has 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 petitioner has 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 are entitled from the date of his completion of 8 years but no effective orders have been passed nor have 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. 4 to 6 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/- (Goutam Bhaduri) Judge Raju