Nirmal Kumar Rathore v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 18 of 2021 1.

Nirmal Kumar Rathore S/o Shri Battulal Rathore Aged About 50 Years Working As Teacher (L.B.) And Posted At Unnat Middle School Algidand, Block Pali District Korba, Chhattisgarh, District : Korba, Chhattisgarh 2.

Jahn Singh Paikra S/o Shri Dukalu Singh Paikra Aged About 48 Years Working As Teacher (L.B.) And Posted At Unnat Middle School Algidand, Block Pali District Korba, Chhattisgarh, District : Korba, Chhattisgarh 3.

Tulsi Singh Jagat S/o Shri Manharan Singh Jagat Aged About 40 Years Working As Teacher (L.B.) And Posted At Govt. Middle School Saila, Block Pali District Korba, Chhattisgarh, District : Korba, Chhattisgarh 4.

Virendra Kumar Uike S/o Shri Madan Singh Uike Aged About 42 Years Working As Teacher (L.B.) And Posted At Govt. Middle School, Dhukupathara, Block Pali District Korba, Chhattisgarh, District : Korba, Chhattisgarh 5.

Laxminarayan Tanwar S/o Late Shri Tekeshwar Singh Aged About 37 Years Working As Teacher (L.B.) And Posted At Unnat Middle School Algidand, Block Pali District Korba, Chhattisgarh, District : Korba, Chhattisgarh 6.

Vipin Kaiwart S/o Shri Dwij Ram Kaiwart Aged About 37 Years Working As Teacher (L.B.) And Posted At Govt. Middle School Nirdhi, Block Pali District Korba, Chhattisgarh, District : Korba, Chhattisgarh 7.

Kumari Gangotri Kannoujiya D/o Late Shri Munshi Ram Aged About 37 Years Working As Teacher (L.B.) And Posted At Govt. Middle School Batra, Block Pali District Korba, Chhattisgarh, District : Korba, Chhattisgarh ---- Petitioners

Versus

1.

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

Director Panchayat Department, Raipur, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 3.

Chief Executive Officer Zila Panchayat Korba, District Korba, Chhattisgarh, District : Korba, Chhattisgarh

4.

Block Education Officer Block Pali, District Korba, Chhattisgarh, District : Korba, Chhattisgarh ---- Respondents For Petitioners :

Mr. Vinod Kumar Sharma, Advocate For State :

Ms. Shrestha Gupta, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 25/01/2021 1.

The limited grievance which the petitioners have 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. 2.

Learned counsel for the petitioners 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 petitioners are entitled from the date of their 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 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 respondents have complied with the order to the extent of granting revised pay scale to the petitioner, let

respondents No. 3 & 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