Hitendra Kumar Netam v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 9201 of 2019

1. Hitendra Kumar Netam S/o Mr. Paras Ram Netam Aged About 39 Years Post Teacher (Local Body), Posted At Govt. Middle School Anjani, Block Kanker, District Uttar Bastar Kanker Chhattisgarh

2. Kumleshwari Thakur D/o Mr. Pahadu Ram Thakur Aged About 36 Years Post Lecturer (Local Body), Posted At Govt. High School Mulla, Block Bhanupratappur, District Uttar Bastar Kanker Chhattisgarh

3. Mrs. Usha Markam W/o Mr. D.K. Markam Aged About 33 Years Post Lecturer (Panchayat), Posted At Govt. Higher Secondary School, Puswada, Block Kanker, District Uttar Bastar Kanker Chhattisgarh

4. Mrs. Jaishri Kawde W/o Mr. Sanjay Kumar Kawde Aged About 39 Years Post Lecturer (Panchayat), Posted At Govt. High School Kokanpur, Block Kanker, District Uttar Bastar Kanker Chhattisgarh

5. Mrs. Vandana Patel W/o Mr. Navneet Patel Aged About 35 Years Post Lecturer (Panchayat), Posted At Govt. Higher Secondary School, Pataud, Block Kanker, District Uttar Bastar Kanker Chhattisgarh

6. Vyasdev Singh Koudo S/o Mr. Indal Singh Koudo Aged About 39 Years Post Lecturer (Local Body), Posted At Govt. High School Eragaon, Block Durgukondal, District Uttar Bastar Kanker Chhattisgarh ---- Petitioners

Versus

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

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

3. Commissioner Cum Director Panchayat Sanchnalaya, Naya Raipur District Raipur Chhattisgarh

4. Chief Executive Officer Jila Panchayat, District Uttar Baster Kanker Chhattisgarh ---- Respondents For Petitioners :

Shri Shalvik Tiwari, Advocate For Respondents/State :

Shri Amrito Das, Addl. AG Hon'ble Shri Justice Goutam Bhaduri Order On Board 13/11/2019

1. Heard.

2. With the consent of the parties matter heard finally at motion stage.

3. The limited grievance which the petitioners have raised in this present writ petition is that 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.

4. The 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 for from the date of their 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 petitioners pray for appropriate direction to the respondents for releasing the said amount.

5. 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. 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 Ashu