Girdhar Ram Dehari v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 10605 of 2019

1. Girdhar Ram Dehari, S/o. Sada Ram Dehari, Aged About 46 Years, By Occupation Lecturer (Local Body), Posted At Govt. Higher Secondary School, Bhansuli, Block Narharpur, District Uttar Bastar Kanker, Chhattisgarh.

2. Mrs. Bharti Dewangan, W/o. Khomeshwar Dewangan, Aged About 34 Years, By Occupation Lecturer (Local Body), Posted At Govt. Higher Secondary School, Murdongi, Block Kanker, District Uttar Bastar Kanker, Chhattisgarh.

3. Mrs. Pushplata Sharma, S/o. Mr. Virendra Sharma, Aged About 47 Years, By Occupation Lecturer (Local Body), Posted At Govt. Higher Secondary School, Kokpur, Block Kanker, 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. District Education Officer, Uttar Bastar Kanker, Chhattisgarh

4. Chief Executive Officer, Jila Panchayat, District Uttar Baster Kanker, Chhattisgarh.

---- Respondents For Petitioners :

Mr. Shalvik Tiwari, Advocate For State :

Mr. Ravish Verma, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 13.12.2019 Heard.

1. The limited grievance which the petitioners have 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.

2. 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 are 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. According to the petitioners they had completed 8 years of service in the year 2013 and accordingly they are entitled for the benefit of revised pay scale immediately on completion of 8 years of service. However, this benefit has been extended to the petitioners only from the year 2018. Thus, the present writ petition has been filed seeking for direction to respondents to consider the claim of the arrears of benefit between 2013 to 2018.

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. 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 Ashok