Smt. Usha Tondey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5212 of 2020 Smt. Usha Tondey W/o Jitendra Kumar Tondey Aged About 40 Years Assistant Teacher (L.B.) Govt. P.S. Bhalpur Kumbharimuda Block Kota District Bilaspur Chhattisgarh.

---- Petitioner

Versus

1.

State Of Chhattisgarh Through Secretary, Department Of Panchayat Mahanadi Bhawan, Mantralaya New Raipur District Raipur Chhattisgarh.

2.

Director Panchayat, Office Of Directorate Panchayat, Raipur, District Raipur Chhattisgarh 3.

Block Education Officer Janpad Panchayat Kota, District Gariyaband Chhattisgarh.

4.

Chief Executive Officer Zila Panchayat Bilaspur Chhattisgarh. ----Respondents For Petitioner :

Mr. Ajay Shrivastava, Advocate For State :

Mr. Amit Buxy, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 14/01/2021 1.

The default pointed out by the Registry is directed to be removed during the course of the day itself.

2.

With the consent of the parties, the matter was heard on admission.

3.

The limited grievance which the petitioner has raised in this 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. 4.

Learned 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 is entitled from the date of his completion of 8 years of service but no effective orders have been passed nor have department has taken any steps for release of the arrears of payment. The petitioner prays 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 respondents have complied with the order to the extent of granting revised pay scale to the petitioner, let respondents No. 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 copy of this order the present writ petition stands disposed off.

Sd/- (P. Sam Koshy) Judge Ved