Dinesh Kumar Sinha v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 05 of 2020

1. Dinesh Kumar Sinha S/o Mr. Ramadhin Sinha Aged About 45 Years By Occupation Lecturer (Local Body), Posted At Govt. Higher Secondary School, Kodagaon, Block Kanker, District Uttar Bastar Kanker Chhattisgarh

2. Pawan Kumar Sen S/o Mr. Nand Kumar Sen Aged About 36 Years By Occupation Lecturer (Local Body), Posted At Pt. Vishnu Prasad Sharma Govt. H.S.S. Govindpur, Block Kanker, District Uttar Bastar Kanker Chhattisgarh

3. Mrs. Prabha Jain W/o Mr. Sanjay Kumar Jain Aged About 42 Years By Occupation Teacher Physical Education (Local Body), Posted At Govt. Higher Secondary School, Kokpur, Block Kanker, District Uttar Bastar Kanker Chhattisgarh

4. Pawan Kumar Nag S/o Mr. Kanwal Ram Nag Aged About 48 Years By Occupation Lecturer (Locla Body), Posted At Govt. Higher Secondary School, Kodapakha, 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 Petitioner - Shri Parag Kotecha, Advocate.

For State - Shri Kapil Maini, PL Hon'ble Shri Justice Goutam Bhaduri Order 07/01/2020 1.

The limited grievance which the petitioners have raised in this 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 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. 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 yasmin