Yashwant Kumar Dhruw v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) NO. 4826 OF 2020 1.

Yashwant Kumar Dhruw, S/o Shri Gopal Singh Dhruw, aged about 40 years, working as Teacher (L.B.) and posted at Govt. Middle School Bardwar, Block Kota, District Bilaspur (Chhattisgarh). 2.

Ashok Kumar Banjare, S/o Shri Purushottam Banjare, aged about 47 years, working as Lecturer (L.B.) and posted at Govt. High School Amali, Block Kota, District Bilaspur (Chhattisgarh).

3.

Jaipal Singh Birko, S/o Shri Panch Ram Birko, aged about 46 years, working as Teacher (L.B.) and posted at Govt. Middle School Bhaisajhar, Block Kota, District Bilaspur (Chhattisgarh).

4.

Anil Kumar Palke, S/o Shri Lalji Palke, aged about 41 years, working as Teacher (L.B.) and posted at Govt. Middle School Amali, Block Kota, District Bilaspur (Chhattisgarh).

... Petitioners versus 1.

State of Chhattisgarh, through Secretary, Department of Panchayat & Rural Development, Mahanadi Bhawan, Mantralaya,New Raipur, Dist Raipur (CG) 2.

Director, Panchayat Department, Raipur District Raipur (CG) 3.

Chief Executive Officer, Zila Panchayat, Bilaspur District Bilaspur (CG) 4.

Block Education Officer, Block Kota, District Bilaspur (CG) ... Respondents For Petitioners :

Mr. Ajay Shrivastava, Advocate.

For Respondents/State :

Mr. Rahul Jha, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board /12/2020 1.

The limited grievance which the petitioners have raised in the present writ petition, 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, is for grant of the benefit of revised pay scale on completion of 8 years of service. 2.

Learned counsel for petitioners submits that the grievance which now remains is that the benefit is being provided to the petitioners prospectively. Though the respondents have made a calculation which the petitioners were entitled for from the date of their completion of 8 years of service but no effective orders have been passed nor have the department taken any step for releasing the arrears of payment. Petitioners pray for 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 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 petitioners, let respondents 2 to 4 take an appropriate decision at the earliest so far as release 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 this order, the present writ petition is disposed of. 4.

Writ Petition accordingly stands disposed of. Sd/- (P. Sam Koshy) /sharad/ JUDGE