Krishna Chandra Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5034 of 2020 Krishna Chandra Patel S/o Shri Tulanand Patel, Aged About 47 Years Lecturer L B (Hindi), Government Higher Secondary School, Tousir, Block - Baramkela, District Raigarh, Civil And Revenue District Raigarh, Civil And Revenue District Raigarh Chhattisgarh.

---- Petitioner

Versus

1.

State Of Chhattisgarh Through Secretary, Panchayat And Rural Development Department, Mahanadi Bhavan, New Raipur Chhattisgarh.

2.

The Director, Public Instruction, Directorate, Indrawati Bhavan, New Raipur Chhattisgarh 3.

The District Education Officer, Raigarh District Raigarh Chhattisgarh. 4.

The Chief Executive Officer, Zila Panchayat, Raigarh, District Raigarh Chhattisgarh 5.

The Chief Executive Officer, Janpad Panchayat, Baramkela, District Raigarh Chhattisgarh 6.

The Block Education Officer, Block - Baramkela, District Raigarh Chhattisgarh.

---- Respondents For Petitioner :

Mr. Manoj Kumar Sinha, Advocate For State :

Ms. Akanksha Jain, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 08/01/2021

1. The limited grievance which the petitioner has 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 have been granted benefit of revised pay scale on completion of 8 years of service. The petitioner was initially appointed on the post of Shiksha Karmi Grade-III on 01.05.2005 and he has completed 8 years of service on 01.05.2013 and the actual

benefit of the revised pay-scale has been granted to the petitioner w.e.f. 08.06.2016 and as such the dispute now is only so far as the arrears of benefits from the period 2013 to 2016. 2.

The counsel for the petitioner submits that the grievance which now remains is that the benefit is being provided to the petitioner prospectively and though the respondents have made a calculation which the petitioner were entitled for from the date of his completion of 8 years of service but no effective orders have been passed nor have department taken any steps for release of the arrears of payment. The petitioner prays 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 respondents have complied with the order to the extent of granting revised pay scale to the petitioner, let respondents No. 2 & 3 take an appropriate decision at the earliest so far as release of the arrears of payment which the petitioner is entitled for. Expecting a decision from the respondents within a period of 90 days from the date of receipt of copy of this order the present writ petition stands disposed off.

Sd/- (P. Sam Koshy) Judge Ved