Khorbahra Das Banjare v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8954 of 2019

1. Khorbahra Das Banjare, S/o Mr. Gannu Ram Banjare, Aged About 38 Years, Post Teacher (Local Body) Posted At - Govt Middle School, Tumapal Block Antagarh Distt. - Uttar Baster Kanker Chhattisgarh.

2. Bharat Lal Thakur, S/o Mr. Hinsa Ram Thakur, Aged About 38 Years, Post Lecturer (Local Body) Posted At Govt. Naveen High School Kurri, Block Bhanupratappur, Dist. Uttar Baster Kanker Chhattisgarh.

3. Surendra Kumar Jain, S/o Mr. Janglu Ram Jain, Aged About 39 Years, Posted Lecturer (Local Body) , Posted At Govt. Higher Secondary School Koilibeda, Block Koilibeda, Distt. - Uttar Baster Kanker Chhattisgarh.

4. Afjal Ali, S/o Mr. Sarwar Ali, Aged About 40 Years, Post Lecturer (Panchayat), Posted At Govt. Boys Higher Secondary Abhanpur Block Narharpur Distt. - Uttar Baster Kanker Chhattisgarh. ---- Petitioners

Versus

1. State Of Chhattisgarh, Through The Secretary, Education Department Mantralaya Naya Raipur Distt. Raipur Chhattisgarh.

2. Secretary Panchayat And Rural Development Department Mantralaya Naya Raipur Distt. Raipur Chhattisgarh.

3. Commissioner Cum Director Panchayat Sanchnalaya, Naya Raipur Distt. - Raipur Chhattisgarh.

4. Chief Executive Officer Jila Panchayat Distt. - Uttar Baster Kanker Chhattisgarh.

---- Respondents For Petitioner :

Shri Parag Kotecha, Advocate For Respondents/ State :

Shri Sudhir Sahu, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 05/11/2019

1. Heard.

2. The limited grievance which the petitioner has raised in the present 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.

3. The 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 petitioner is 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 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 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/- Goutam Bhaduri Judge Jyoti