Mukti Tigga v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (SERVICE) NO. 5091 OF 2020 1.

Mukti Tigga, S/o Late Shri Silbanus Tigga, Aged About 41 Years, Working As Lecturer (L.B.), Posted At Govt. Higher Secondary School Hati, Block Dharamjaigarh, District Raigarh Chhattisgarh. 2.

Gaitan Ekka, S/o Shri Mila Ekka, Aged About 44 Years, Working As Lecturer (L.B.) Posted At Govt. Higher Secondary School Hati, Block Dharamjaigarh, District Raigarh Chhattisgarh. 3.

Smt. Shital Sarathi, W/o Shri Nutan Kumar Sarathi, Aged About 36 Years, Working As Assistant Teacher (L.B.), Posted At Govt. Higher Middle School Hati, Block Dharamjaigarh, District Raigarh Chhattisgarh. 4.

Smt. Suchita Dundung, D/o Silbanus Tigga, Aged About 45 Years, Working As Lecturer (L.B.), Posted At Govt. High School Munund, Block Dharamjaigarh, District Raigarh Chhattisgarh.

5.

Smt. Ratna Mala Painkra, W/o Shri Sanjay Kumar Painkra, Aged About 38 Years, Working As Lecturer (L.B.), Posted At Govt. High School Bartapali, Block Dharamjaigarh, District Raigarh Chhattisgarh. 6.

Victor Ekka, S/o Shri Fransis Ekka, Aged About 48 Years, Working As Sport Teacher, Posted At Govt. Higher Secondary School Hati, Block Dharamjaigarh, District Raigarh Chhattisgarh. 7.

Smt. Finela Kujur, W/o Shri Arvind Kujur, Aged About 36 Years, Working As Lecturer (L.B.), Posted At Govt. Higher Secondary School Hati, Block Dharamjaigarh, District Raigarh Chhattisgarh. 8.

Gajanand Rathiya, S/o Late Jugal Kishor Rathiya, Aged About 41 Years, Working As Lecturer (L.B.) Posted At Govt. Higher Middle School Bakaruma, Block Dharamjaigarh, District Raigarh Chhattisgarh. 9.

Simol Lakda, S/o Sadhram, Aged About 51 Years, Working As Lecturer (L.B.), Posted At Govt. Higher Secondary School Pakhnakot, Block Dharamjaigarh, District Raigarh Chhattisgarh. 10.

Hetram Rathiya, S/o Laxminarayan Singh Rathiya, Aged About 44 Years, Working As Lecturer (L.B.) Posted At Govt. Middle School Banhar, Block Dharamjaigarh, District Raigarh Chhattisgarh. 11.

Kiran Bhagat, D/o Bihari Ram Bhagat, Aged About 39 Years, Working As Lecturer (L.B.) Posted At Govt. Higher Middle School Hati, Block Dharamjaigarh, District Raigarh 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 Raigarh, District Raigarh (CG) 4.

Block Education Officer, Block Dharamjaigarh, District Raigarh (CG) ... Respondents For Petitioner :

Mr. Ajay Shrivastava, Advocate.

For Respondents :

Mr. Sudeep Verma, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board /01/2021 1.

The defaults pointed out by the Registry of this Court in the instant case stand ignored.

2.

Heard the matter finally with the consent of learned Counsels appearing for the respective parties.

3.

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. 4.

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.

5.

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. 6.

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