Rukdhan Lal Churendra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 9678 of 2019 • Rukdhan Lal Churendra S/o. Prit Ram Churendra, Aged About 40 Years Working As Assistant Teacher (L.B.) At Govt. Primary School Khajri, Block Rajnandgaon, District - Rajnandgaon, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, Naya Rapur, District Raipur Chhattisgarh

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

3. Commissioner Cum Director, Directorate Of Panchayat, Atal Nagar, New Raipur, District Raipur, Chhattisgarh

4. Chief Executive Officer, Janpad Panchayat, Rajnandgaon, District Rajnandgaon, Chhattisgarh

5. District Education Officer, District Rajnandgaon, Chhattisgarh

6. Block Education Officer, Rajnandgaon, District Rajnandgaon, Chhattisgarh ---- Respondents For Petitioner :

Shri Govind Dewangan, Advocate For Respondents/ State :

Shri Ravish Verma, G.A.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 26/11/2019 Heard.

1. The grievance of the petitioner is that he was initially appointed as Shiksha Karmi, Class-III and joined service on 30.11.2014 and is entitled to get the benefit of revised pay scale with effect from 30.11.2014 as he has already completed 8 years of continuous service by 30.11.2014, however, the said benefit was granted to him with effect from 12.02.2019 vide Annexure P-2.

2. Learned counsel for the petitioner submits that similarly situated persons have filed WPS No.95 of 2019 and WPS No.99 of 2019 for grant of arrears of pay-scales wherein this Court has passed the following order : "2. The limited grievance which the petitioner has 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 has been granted benefit of revised pay scale on completion of 8 years of service.

3. Learned counsel for the petitioner 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 was 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 the respondents have complied with the order to the extent of granting revised pay scale to the petitioner, let respondents 2 & 3 take an appropriate decision at the earliest so far as release of the arrears of payment which the petitioners are entitled for. Excepting 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."

3. Learned State Counsel do not dispute the fact that the similar issued raised in this case has been decided by this Court in W.P(S) No.95 of 2019 & WPS No.99 of 2019.

4. The order passed in WPS No. 95 of 2019 and WPS No.99 of 2019 (supra) shall also be applicable to the case of present writ petitioner. It is directed that respondents 3 & 4 shall take appropriate decision at the earliest for releasing the arrears of payment which the petitioner is entitled for. It is expected that a decision shall be taken within a period of 90 days from the date of receipt of this order.

5. With the above observations, this writ petition stands finally disposed of. Sd/- Goutam Bhaduri Judge Jyoti