Mahendra Kumar Kashyap v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 325 of 2021 1.

Mahendra Kumar Kashyap Son Of Shri Mukund Ram Kashyap Aged About 42 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Bakulwahi, Block Narayanpur, District Narayanpur (Chhattisgarh) 2.

Jyoti Meravi Daughter Of Shri Kanhaiya Lal Meravi Aged About 33 Years Working As Lecturer (L.B.) And Posted At Govt. Ashram Shala Bijali, Block Narayanpur, District Narayanpur (Chhattisgarh) 3.

Narayan Singh Porte Son Of Shri Gopal Singh Porte Aged About 35 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Korja, Block Gourela, District Pendra-GourelaMarwahi (Chhattisgarh) 4.

Indrapal Singh Paikra Son Of Tilak Singh Aged About 36 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Mitthu Nawagaon, Block Kota, District Bilaspur (Chhattisgarh) ---- Petitioners

Versus

1.

State Of Chhattisgarh Through Secretary Department Of Panchayat And Rural Development, Mahanadi Bhawan, Mantralaya New Raipur, District Raipur (Chhattisgarh) 2.

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

Chief Executive Officer Zila Panchayat Narayanpur, District Narayanpur (Chhattisgarh) 4.

Block Education Officer Block Narayanpur, District Narayanpur (Chhattisgarh) 5.

Chief Executive Officer Zila Panchayat Bilaspur, District Bilaspur (Chhattisgarh)

6.

Block Education Officer Block Kota, District Bilaspur (Chhattisgarh) 7.

Chief Executive Officer Zila Panchayat Pendra-Gourela-Marwahi, District Pendra-Gourela-Marwahi (Chhattisgarh) 8.

Block Education Officer Block Gourela, District Pendra-GourelaMarwahi (Chhattisgarh) ---- Respondents For Petitioners :

Mr. Ajay Shrivastava, Advocate For State :

Mr. Aditya Bhardwaj, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 05/02/2021 1.

The limited grievance which the petitioners have raised in this writ petition is that by virtue of order passed in WPS No.2530 of 2017 (Mukesh Kumar Patel and another Vs. State of Chhattisgarh and another) decided on 26.11.2017 the petitioners have been granted the benefit of revised pay scale on completion of 8 years of service. 2.

Learned counsel for the petitioners submits that the grievance which now remains is that the benefit is being provided to the petitioners prospectively and though the respondents have made a calculation which the petitioners were entitled from the date of their completion of 8 years but no effective orders have been passed nor has department taken any steps for release of the arrears of payment. The petitioners pray 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 the respondents have complied with the order to the extent of granting revised pay scale to the petitioner, let respondents No.3 to 8 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