Yogendra Kumar Shivna v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 5071 of 2021

1. Yogendra Kumar Shivna S/o Dhiruram, Aged About 32 Years, Working As Teacher (L.B.), Govt. Middle School, Bargaon, Block Berla, District - Bemetara (Chhattisgarh)

2. Jiwadhan Lal Dewangan S/o Takhat Ram Dewangan, Aged About 37 Years, Working As Lecturer (L.B.), Govt. Higher Secondary School, Lenjwara, Block Berla, District - Bemetara (Chhattisgarh)

3. Ajay Kumar Sahu S/o Mithlesh Sahu, Aged About 41 Years, Working As Lecturer (L.B.), Govt. Higher Secondary School, Kathiya Ranka, Block Berla, District - Bemetara (Chhattisgarh)

4. Shilpa Gupta W/o Shri Suraj Gupta, Aged About 35 Years, Working As Teacher (L.B.), Govt. Middle School, Tiwraiya, Block Berla, District - Bemetara (Chhattisgarh)

5. Harish Kumar Dewangan S/o Kanhaiya Lal Dewangan, Aged About 35 Years, Working As Teacher (L.B.), Govt. Middle School, Lawatara, Block Berla, District - Bemetara (Chhattisgarh) ---- Petitioners

Versus

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

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

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

4. Chief Executive Officer, Jila Panchayat, Bemetara, District Bemetara (Chhattisgarh)

5. District Education Officer, Bemetara, District- Bemetara (Chhattisgarh) ---- Respondents For Petitioners :

Mr. Harish Khuntiya, Advocate For State :

Mr. Ayaz Naved, Govt. Advocate

Hon'ble Shri Justice P. Sam Koshy Order On Board 22.09.2021

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 & 3 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