Kumudini Nishad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6729 of 2021

1. Kumudini Nishad D/o Shri Ishwar Chandra Nishad Aged About 35 Years Presently Working As Lecturer (L.B.) At Govt. Higher Secondary School, Bhandarsivni, District Kondagaon Chhattisgarh.

2. Nirmal Kumar S/o Shri Nand Kumar Aged About 41 Years Presently Working As Lecturer (L.B.) At Govt. Higher Secondary School, Badebendri, Block Kondagraon, District Kondagaon Chhattisgarh.

---- Petitioners

Versus

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

2. The Secretary, Department Of Education, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh.

3. Commissioner -Cumdirector, Directorate Of Panchayat, Atal Nagar Raipur, District Raipur Chhattisgarh.

4. Chief Executive Officer, Zila Panchayat, Kondagaon, District Kondagaon Chhattisgarh.

5. District Education Officer Kondagaon, District Kondagaon Chhattisgarh. ---- Respondents For Petitioners :

Shri CJK Rao, Advocate For State :

Shri Neeraj Pradhan, Panel Lawyer S.B.:

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 08/12/2021 1.

The limited grievance, which the petitioners have raised in the present writ petition by virtue of the 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 petitioners prospectively and though the respondents have made a calculation, which the petitioners were entitled from the date of their completion of 8 years of service, but no effective orders have been passed nor the 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 petitioners, let respondents No.1 & 3 take an appropriate decision at the earliest, so far as release of the arrears of payment is concerned, which the petitioners are entitled for. The petitioners are also directed to make a representation before the said authorities as well. It is expected from the concerned authorities that they shall take decision in this regard within a period of 90 days from the date of receipt of a copy of this order and/or from the date of receiving representation of the petitioners. 4.

The writ petition is accordingly stands disposed off. Sd/- ( Sanjay K. Agrawal ) Judge Deepti