Damodar Prasad Singh v. State Of Chhattigarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 4869 of 2021

1. Damodar Prasad Singh S/o Shri Paras Nath Singh, Aged About 41 Years Working As Lecturer (L.B.) And Posted At Government Higher Secondary School Rajapur, Block Mainpath, Sarguja, Chhattisgarh

2. Smt. Suhani Lakra W/o Shri Pradeep Lakda, Aged About 39 Years Working As Lecturer (L.B.) And Posted At Government Higher Secondary School Rajapur, Block Mainpath, Sarguja, Chhattisgarh.

3. Smt. Mamta Rani Tigga W/o Shri Arvind Ashok Tigga, Aged About 44 Years, Working As Lecturer (L.B.) And Posted At Government Higher Secondary School Rajapur, Block Mainpath, Sarguja, Chhattisgarh.

4. Smt. Urmila Toppo W/o Sanjay Kumar, Aged About 47 Years, Working As Lecturer (L.B.) And Posted At Government Higher Secondary School Rajapur, Block Mainpath, Sarguja, Chhattisgarh.

5. Smt. Heeramani Chouhan W/o Shri Vipin Kishore Chouhan, Aged About 37 Years Working As Lecturer (L.B.) And Posted At Government Higher Secondary School Rajapur, Block Mainpath, District Sarguja Chhattisgarh.

6. Smt. Anjana Kujur D/o Shri Domanika Kujur, Aged About 37 Years Working As Lecturer (L.B.) And Posted At Government High School Katkalo, Block Mainpath, District Sarguja, Chhattisgarh.

7. Smt. Brijit Xalxo W/o Ravindra Minj, Aged About 48 Years Working As Lecturer (L.B.) And Posted At Government Middle School K. Narmadapur, Block Mainpath, District Sarguja, Chhattisgarh.

8. Smt. Manjulata Ekka D/o Shri Shyamlal Ekka, Aged About 37 Years Working As Teacher (L.B.) And Posted At Government Middle School Jamdih, Block Mainpath, District Sarguja Chhattisgarh.

9. Smt. Chandravati D/o Shri Ram Jeevan, Aged About 34 Years Working As Teacher (L.B.) And Posted At Government Middle School Karabel, Block Mainpath, District Sarguja, Chhattisgarh. 10.

Smt. Amarensiya Kerketta W/o Shri Mangal A Kerketta, Aged About 39 Years Working As Lecturer (L.B.) And Posted At Government High School Karabel, Block Mainpath, District Sarguja, Chhattisgarh.

11.

Smt. Sheela Ekka D/o Shri Bhagat Ram Aged About 35 Years Working As Lecturer (L.B.) And Posted At Government High School Karabel, Block Mainpath, District Sarguja, 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 Sarguja, District Sarguja Chhattisgarh.

4. Block Education Officer, Block Mainpath, District Sarguja, Chhattisgarh.

---- Respondents For Petitioners :

Mr. Ajay Shrivastava, Advocate For State :

Mr. Jitendra Pali, Dy. Advocate General Hon'ble Shri Justice P. Sam Koshy Order On Board 07.09.2021

1. The limited grievance which the petitioners have raised in the present writ petition is the benefits which arise, by virtue of the order passed by this Court in the case of Mukesh Kumar Patel & another Vs. State of Chhattisgarh & another in WPS No. 2530/2017 decided on 28.11.2017 as regards granting of the benefit of revised pay scale on completion of 8 years of service.

2. According to the petitioners, 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 of service but no

effective order has been passed nor has the department taken any step for releasing the arrears of payment. The petitioners pray for an 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 Kumar Patel (Supra) which has also been affirmed by the Division Bench and also taking note of the fact that the respondents have complied with the order to the extent of granting revised pay scale to the petitioners, let the respondents 2 to 4 take an appropriate decision at the earliest as regards releasing 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 a copy of this order, the writ petition stands disposed of.

Sd/- P. Sam Koshy Judge Khatai