Smt. Arpana Jambhulkar Earlier Ku. Arpana Nandeshwar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 6182 of 2019 Smt. Arpana Jambhulkar Earlier Ku. Arpana Nandeshwar W/o Shri Trilok Jambhulkar, Aged About 40 Years, Presently Working As Lecturer (L. B. Chemistry) In Government Higher Secondary School Dhara, Post Dongergarh, District Rajnandgaon, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, District Raipur, Chhattisgarh

2. The Directorate Of Public Instruction, Indrawati Bhawan, Raipur Chhattisgarh

3. The Chief Executive Officer, Zila Panchayat Rajnandgaon, District Rajnandgaon, Chhattisgarh

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

5. The Block Education Officer, Block Dongargarh, District Rajnandgaon, Chhattisgarh ---- Respondents For Petitioner :

Mr. Aman Upadhyay, Advocate For State :

Ms. Ishwari Ghritlahare, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 19.08.2019

1. The claim of the petitioner in the present writ petition is the non

granting of revised pay scale on completion of 8 years of service.

2. According to the petitioner, she was initially appointed as Shiksha Karmi Grade-II under the State Govt. on 25.07.2006. Subsequently, she appeared in a fresh recruitment on the post of Shiksha Karmi Grade-I and got selected and appointed vide order dated 11.07.2008.

3. Contention of the counsel for the petitioner is that the subsequent appointment was without taking any NOC from the department. The grievance of the petitioner is that though the petitioner has put in around 13 years of service both as Shiksha Karmi Grade-II and Shiksha Karmi Grade-I, till date she has not been granted the benefit of revised pay scale which she was entitled from the year 2014 on completion of 8 years of service. According to the petitioner, she has not been granted the benefit even on completion of 8 years of service as Shiksha Karmi Grade-I.

Therefore, the petitioner prays for an appropriate direction to the respondents to consider the case of the petitioner for grant of revised pay scale from the date she completes 8 years of service from the initial date of appointment in terms of the judgment of this Court in the case of Mukesh Patel Vs. State of Chhattisgarh in WPS No. 2530/2017 and other connected matters decided on 28.11.2017. The petitioner also prays for a direction to the respondents to consider grant of arrears from the date it fell due till the date it is actually released to the petitioner.

4. Given the aforesaid factual position so far as the employment of the petitioner is concerned, this Court is of the opinion that no fruitful purpose would be served in keeping the petition pending, rather ends of justice would meet if the writ petition is disposed of with a direction

to the respondents 2 to 4 to consider the claim of the petitioner for grant of revised pay scale at the earliest preferably within a period of 4 months from the date of receipt of copy of this order.

5. With the aforesaid direction the writ petition stands disposed of. Sd/- P. Sam Koshy Judge Khatai