Ajay Kumar Pradhan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (SERVICE) NO. 5438 OF 2020 1.

Ajay Kumar Pradhan S/o Shri Prafulla Pradhan Aged About 45 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Gidhali, Block Basna, District Mahasamund, Chhattisgarh 2.

Suresh Kumar Sahu S/o Brajbihari Sahu Aged About 43 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Bhukel, Block Basna, District Mahasamund, Chhattisgarh 3.

Deepak Kumar Sahu S/o Shri Brindawan Sahu Aged About 41 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Gidhali, Block Basna, District Mahasamund, Chhattisgarh 4.

Hemant Pradhan S/o Chandrahas Pradhan Aged About 39 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Gidhali, Block Basna, District Mahasamund, Chhattisgarh 5.

Shriram Patel S/o Shri Sugriver Patel Aged About 40 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary Schoolbichhiya (Sa), Block Basna, District Mahasamund, Chhattisgarh 6.

Dubey Lal Porte Shri Mandal Porte Aged About 37 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Dularpali, Block Basna, District Mahasamund, Chhattisgarh 7.

Smt. Shabana Yasmin W/o Shri Arif Baig Aged About 45 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Garhphuljhar, Block Basna, District Mahasamund, Chhattisgarh 8.

Ajay Kumar Bhoi S/o Shri Vasudev Bhoi Aged About 38 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Garhphuljhar Block Basna, District Mahasamund, Chhattisgarh 9.

Manohar Lal Diwan S/o Shri Amrit Lal Aged About 41 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Bichhiya (Sa), Block Basna, District Mahasamund, Chhattisgarh 10.

Shubhashish Kanungo S/o Shri Anil Kumar Kanungo Aged About 34 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Barodoli, Block Basna, District Mahasamund, Chhattisgarh 11.

Smt. Meena Tirkey W/o Shri Sushil Tirkey Aged About 37 Years Working As Lecturer (L.B.) And Posted At Govt. High School Kudaribahara Block Basna, District Mahasamund, Chhattisgarh 12.

Smt. Lalita Kumari Khatker W/o Shri Naresh Khatker Aged About 36 Years Working As Lecturer (L.B.) And Posted At Govt. High School Rasoda Chhablock Basna, District Mahasamund, Chhattisgarh 13.

Ramesh Kumar S/o Shri Alekh Kumar Aged About 30 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Jewra, Block Basna, District Mahasamund, Chhattisgarh 14.

Taruni Pradhan S/o Shri Bhajan Pradhan Aged About 38 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Jewara, Block Basna, District Mahasamund, Chhattisgarh 15.

Alok Bhoi S/o Shri Jwalant Bhoi Aged About 34 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Baroli, Block Basna, District Mahasamund, Chhattisgarh 16.

Diwakar Barik S/o Shri Gosairam Barik Aged About 37 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Kolihadewri, Block Basna, District Mahasamund, Chhattisgarh 17.

Sirbhay Singh Chouhan Son Shri Dukhoo Chouhan Aged About 42 Years Working As Lecturer (L.B.) And Posted At Girls Higher Secondary School Bhanwarpur, Block Basna, District Mahasamund, Chhattisgarh 18.

Dolamani Sao S/o Shri Hiradhar Sao Aged About 38 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Baroli, Block Basna, District Mahasamund, Chhattisgarh

19.

Vijay Prasad Sao S/o Shri Gangaram Sao Aged About 47 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Badesajapali, Block Basna, District Mahasamund, Chhattisgarh 20.

Trilochan Patel S/o Shiv Kumar Patel Aged About 43 Years Working As Lecturer (L.B.) And Posted At Govt. Middle School B. Bandabari Block Basna, District Mahasamund, Chhattisgarh 21.

Mahendra Kumar Choudhary S/o Shri Sushil Chandra Choudhary Aged About 34 Years Working As Teacher (L.B.) And Posted At Govt. Middle School Chiprikona Block Basna, District Mahasamund, Chhattisgarh 22.

Indal Kumar Patel S/o Shri Jagdish Patel Aged About 40 Years Working As Teacher (L.B.) And Posted At Govt. Middle School Dhutikona Block Basna, District Mahasamund, Chhattisgarh 23.

Naresh Kumar Mishra S/o Shri Dolamani Mishra Aged About 40 Years Working As Teacher (L.B.) And Posted At Govt. Middle School Bichhiya, Block Basna, District Mahasamund, Chhattisgarh 24.

Smt. Shubh Kumari Bagh W/o Shri Mahesh Kumar Bagh Aged About 37 Years Working As Teacher (L.B.) And Posted At Govt. Middle School Bichhiya (Po), Block Basna, District Mahasamund, Chhattisgarh ... Petitioners versus 1.

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

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

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

Block Education Officer, Block Basna, District Mahasamund (CG) ... Respondents For Petitioners :

Mr. Ajay Shrivastava, Advocate.

For Respondents/State :

Mr. Amit Buxy, Panel Lawyer.

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

With the consent of learned counsels appearing for the parties, heard the matter finally at admission stage itself.

2.

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

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