Smt. Varsha Darwade v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 5371 of 2021

1. Smt. Varsha Darwade W/o Shri Ashwin Darwade, Aged About 36 Years, Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Korramtola, Block Mohla, District Rajnandgaon, Chhattisgarh.

2. Chinta Ram Thakur S/o Shri Fulsingh Thakur, Aged About 39 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Korramtola, Block Mohla, District Rajnandgaon, Chhattisgarh.

3. Pusau Ram Mandawi S/o Shri Ramdayal Mandawi, Aged About 39 Years, Working As Lecturer (L.B.) And Posted At Govt. High School Sonhpur, Block Gurur, District Balod, Chhattisgarh.

4. Tumeshwari Belchandan W/o Shri Bhupendra Belchandan, Aged About 40 Years, Working As Lecturer (L.B.) And Posted At Govt. High School Sonhpur, District Balod, 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 Rajnandgaon, District Rajnandgaon, Chhattisgarh.

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

---- Respondents For Petitioners :

Mr. Ajay Shrivastava, Advocate For State :

Mr. Suyash Dhar, P.L.

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

04.10.2021

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