Vivek Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) NO. 4864 OF 2020 Vivek Singh, S/o Shri Sushil Singh, aged about 37 years, occupation- Lecturer E (LB), Government High School, Aurda, Raigarh, District Raigarh (CG) ... Petitioner versus 1.

State of Chhattisgarh, through Secretary, Education Department, Mahanadi Bhawan, New Mantralaya, Atal Nagar, District Raipur (CG) 2.

The District Education Officer, Raigarh, District Raigarh (CG) 3.

The Chief Executive Officer, Janpad Panchayat Pusaur, Raigarh, District Raigarh (CG) 4.

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

Mr. Vineet Kumar Pandey, Advocate.

For Respondents/State :

Mr. Alok Bakshi, Addl. Advocate General.

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

Grievance of the Petitioner in the present Writ Petition is the non-granting of arrears of revised pay scale which the Petitioner would had been entitled for immediately on completion of eight years of service. 2.

According to learned Counsel for Petitioner, case of the Petitioner is covered by a decision of this Court in WPS No. 2530/2017 [Mukesh Kumar Patel & Anr. Vs. State of Chhattisgarh & Ors.] decided on on 26.11.2017. Based on the aforementioned judgement, the Respondents have granted benefit of revised pay scale to the Petitioner with effect from 24.10.2015, however, he has not been paid the arrears of the same as he has completed eight years of service on 24.10.2014, and therefore, he was entitled for arrears for the period between 2014-15. Further contention of learned Counsel for Petitioner is that the Department has already made necessary preparation for grant of arrears, however, actual payment has not been released. 3.

Without entering into the merits of the case, taking note of the order passed by this Court in the case of Mukesh Kumar Patel (supra), this Court is of the opinion that the case of the Petitioner needs to be considered for grant of revised pay scale from the date he competes eight years of service, which according to the Petitioner is 24.10.2014.

4.

Accordingly, the Respondents No. 2 to 4 are directed to take appropriate decision so far as release of arrears is concerned. Let a decision in this regard be taken by the Respondents at the earliest, preferably within a period of ninety days from the date of receipt of copy of this order. 5.

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