Churawan Kumar Dhruv v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.4162 of 2020 • Churawan Kumar Dhruv, S/o Tiharu Ram Dhruv, Aged About 40 Years, Working As Lecturer (L.B.) At Govt. High School Kolar, Block Abhanpur, District Raipur, Chhattisgarh ---- Petitioner

Versus

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

2. Secretary, Department of Panchayat and Rural Development, Mantralaya, Mahanadi Bhawan, Nawa Raipur, District Raipur, Chhattisgarh

3. Commissioner-cum-Director, Directorate of Panchayat, Atal Nagar New Raipur, District Raipur, Chhattisgarh

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

5. District Education Officer, Raipur, District Raipur, Chhattisgarh ---- Respondents For Petitioner Shri Govind Dewangan, Advocate For Respondent-State Ms. Akanksha Jain, Dy. GA Hon'ble Justice Shri Goutam Bhaduri Order On Board 19/10/2020 1.

The limited grievance, which the petitioner 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.

2.

Learned counsel for the petitioner submits that the grievance which now remains is that the benefit is being provided to the petitioner prospectively and though the respondents have made a calculation which the petitioner is 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 petitioner prays for appropriate direction to the respondents for releasing the said amount. According to the petitioner he had completed his 8 years of service on 30.04.2013 and accordingly he is entitled for the benefit of revised pay scale immediately on completion of 8 years of service. However, the benefit has been extended to the petitioner only from the year 2017. Thus the present writ petition has been filed seeking for direction to respondents to consider the claim of the arrears of benefit between 2013 to 2017. 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. 2 to 4 take an appropriate decision at the

earliest so far as release of the arrears of payment which the petitioner is entitled for. Subject to verification of facts, 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 Nirala