Vijay Kumar Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4702 of 2020

1. Vijay Kumar Sahu, S/o Late Dewar Chand Sahu, Aged About 38 Years, Working As Lecturer (L.B.) At Govt. Higher Secondary School Ganjhiyadih, Block Farsabahar, District : Jashpur, Chhattisgarh

2. Shiv Raman Narang, S/o Late Khedu Ram Narang, Aged About 46 Years, Working As Lecturer (L.B.) At Govt. Higher Secondary School Ganjhiyadih, Block Farsabahar, District : Jashpur, Chhattisgarh ---- Petitioners

Versus

1. State of Chhattisgarh Through The Secretary, Department of School Education, Mantralaya, Mahanadi Bhawan, Naya Raipur, District : Raipur, Chhattisgarh

2. Secretary, Department of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, 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 Jashpur, District : Jashpur, Chhattisgarh

5. District Education Officer, Jashpur, District :Jashpur, Chhattisgarh

6. Block Education Officer, Farsabahar, District : Jashpur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Govind Dewangan, Advocate For State :

Mr. Sudeep Verma, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 04.12.2020

1. The limited grievance which the petitioners have raised in the present writ petition is that by virtue of order passed by this Court in the case

of Mukesh Kumar Patel Vs. State of Chhattisgarh, WPS No. 2530/2017 decided on 26.11.2017 the petitioner has been granted the benefit of revised pay scale on completion of 8 years of service.

2. The 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 for from the date of their completion of 8 years of service but no effective orders have been passed nor has the Department taken any step for releasing the arrears of payment. The petitioners pray for appropriate direction to the respondents for releasing the said amount. According to the petitioners they had completed their 8 years of service on 01.05.2013 and 16.06.2013 respectively and accordingly they are entitled for the benefit of revised pay scale immediately on completion of 8 years of service. However, the benefit has been extended to the petitioners only from the year 2018. Thus the present writ petition has been filed seeking for direction to respondents to consider the claim of the arrears of benefit between 2015 to 2018

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 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. 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/- P. Sam Koshy JUDGE Rahul