Devsingh Dhruw v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8459 of 2019
1. Khomkaran S/o Devsingh Aged About 35 Years Working as Teacher (L.B.) Govt. Middle School, Borsidih, Block Bhatapara, District Balodabazar - Bhatapara Chhattisgarh.
2. Smt. Anupama Patel W/o Kuldeep Patel Aged About 34 Years Working As Teacher (L.B.) , Govt. Middle School, Maldi. Block Bhatapara, District Baloda Bazar - Bhatapara Chhattisgarh. --- Petitioners
Versus
1. State of Chhattisgarh Through Secretary, Department of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur District : Raipur, Chhattisgarh
2. Secretary Department Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh
3. Commissioner-Cum-Director Directorate of Panchayat, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh.
4. Chief Executive Officer Jila Panchayat Baloda Bazar, Bhatapara, District Baloda Bazar - Bhatapara Chhattisgarh. --- Respondents WPS No. 8467 of 2019 Devsingh Dhruw S/o Mahettar Dhruw Aged About 35 Years Working as Teacher ( L.B.) , Government Primary School, Gudaghat , Block Bhatapara, District - Baloda Bazar - Bhatapara Chhattisgarh., District : BalodabazarBhathapara, Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh through Secretary, Department of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur District : Raipur, Chhattisgarh
2. Secretary, Department of Panchayat and Rural Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur Chhattisgarh, District : Raipur, Chhattisgarh
3. Commissioner - Cum - Director , Directorate of Panchayat, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh.
4. Chief Executive Officer, Jila Panchayat, Baloda Bazar, Bhatapara, District - Baloda Bazar - Bhatapara District : Balodabazar-Bhathapara, Chhattisgarh --- Respondents For Petitioners :
Shri Harish Khuntiya, Advocate For Respondents/State :
Shri Soumya Rai, Panel Lawyer
Hon'ble Shri Justice Goutam Bhaduri Order On Board 16-10-2019 1.
Since the issue involved in these two writ petitions is same, both these petitions are being heard and decided by this common order at the motion stage. 2.
The limited grievance which the petitioners have raised in these present writ petitions 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.
3. 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 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 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 respondents have complied with the order to the extent of granting revised pay scale to the petitioner, let respondents No. 2 & 3 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/- Goutam Bhaduri Judge Rao