Smt. Jyoti Ray v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 90 of 2021 Smt. Jyoti Ray W/o Shri Arvind Ray, Aged About 31 Years, R/o Behind Electric Office, Maharana Pratap Ward, Pandariya Road, P.S. Mungeli, Mungeli, District Mungeli, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Chhattisgarh

2. Finance Controller, Office Of State Madhyamik Shiksha Mission, Raipur, Chhattisgarh

3. District Education Officer, Mungeli, District Mungeli, Chhattisgarh

4. Chief Executive Officer, Zila Panchayat Mungeli, Chhattisgarh ---- Respondents For Petitioner :

Mr. Atanu Ghosh on behalf of Mr. N. Naha Roy, Advocate For State :

Mr. Rahul Jha, G.A., Mr. Sudeep Verma, Dy.

G.A. & Mr. Amit Buxy, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 19.01.2021

1. Heard.

2. The grievance of the petitioner is that the petitioner was initially appointed on the post of Shiksha Karmi Grade-III on 24.01.2007. Subsequently, she joined on the post of Lecturer (Panchayat) on

14.05.2013. Therefore, after completion of 8 years of service on 24.01.2015 from the initial appointment, she was entitled to receive the revised pay-scale, however, the same has been granted from 23.04.2016.

3. Learned counsel for the petitioner submits that similarly situated persons have filed WPS No.95 of 2019 and WPS No.99 of 2019 for grant of arrears of pay-scales wherein this Court has passed the following order :

"2. 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 has been granted benefit of revised pay scale on completion of 8 years of service.

3. 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 was 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.

4. 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 petitioner, let respondents 2 & 3 take an appropriate decision at the earliest so far as release of the arrears of payment which the petitioners are entitled for. Excepting 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."

4. Learned State Counsel do not dispute the fact that the similar issue raised in this case has been decided by this Court in W.P(S) No.95 of

2019 & WPS No.99 of 2019.

5. The order passed in WPS No. 95 of 2019 and WPS No.99 of 2019 (supra) shall also be applicable to the case of present writ petitioner. It is directed that respondents 3 & 4 shall take appropriate decision at the earliest for releasing the arrears of payment which the petitioner is entitled for. It is expected that a decision shall be taken within a period of 90 days from the date of receipt of this order.

6. With the above observations, this writ petition stands finally disposed of.

Sd/- P. Sam Koshy Judge Khatai