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Chattisgarh High Court

Avinesh Kumar Namdev vs State Of Chhattisgarh on 4 October, 2021

Author: P. Sam Koshy

Bench: P. Sam Koshy

                                    1




                                                                       NAFR

             HIGH COURT OF CHHATTISGARH AT BILASPUR

                         WPS No. 5328 of 2021
1.    Avinesh Kumar Namdev S/o Jagdish Prasad Namdev, Aged About 37
      Years Working As Lecturer (L.B.) And Posted At Govt. Higher
      Secondary School Kothari, Block Manendragarh, District Korea
      Chhattisgarh
2.    Alok Kumar Bara, S/o Anjulash Bara, Aged About 36 Years Working
      As Lecturer (L.B.) And Posted At Govt. High School Jampani, Block
      Baikunthpur, District Korea Chhattisgarh
3.    Vijendra Singh, S/o Ramdeo Singh, Aged About 34 Years Working As
      Teacher (L.B.) And Posted At Govt. Middle School Sonvarsha, Block
      Manendragarh, District Korea Chhattisgarh
4.    Smt. Sandhya Kiran, W/o Ramdeo Ram, Aged About 32 Years
      Working As Lecturer (L.B.) And Posted At Govt. High School Jampani,
      Block Baikunthpur, District Korea Chhattisgarh.
5.    Smt. Jyoti Sina Kujur, W/o Shri Premsukh Kujur, Aged About 34 Years
      Working As Lecturer (L.B.) And Posted At Govt. High School Murma,
      Block Baikunthpur, District Korea Chhattisgarh
6.    Smt. Manorama Kujur, W/o Premsukh Kujur, Aged About 37 Years
      Working As Lecturer (L.B.) And Posted At Govt. High School
      Jamapani, Block Baikunthpur, District Korea Chhattisgarh
7.    Lala Singh, S/o Banarasi Lal Singh, Aged About 34 Years Working As
      Lecturer (L.B.) And Posted At Govt. High School Chhipchhipi, Block
      Manendragarh, District Korea Chhattisgarh
                                                            ---- Petitioners
                                  Versus
1.    State Of Chhattisgarh Through Secretary, Department Of Panchayat
      And Rural Development, Mahanadi Bhawan, Mantralaya, Atal Nagar,
      New Raipur, District Raipur Chhattisgarh
2.    Director, Office Of Directorate Of Panchayat, Raipur, District Raipur
      Chhattisgarh
3.    Chief Executive Office, Zila Panchayat Korea, District Korea
      Chhattisgarh.
                                                         ----Respondents

For Petitioners : Mr. Ajay Shrivastava, Advocate For State : Ms. Sunita Jain, G.A. Hon'ble Shri Justice P. Sam Koshy Order on Board 2 04/10/2021

1. This is the third round of litigation seeking for grant of entire arrears of revised payscale payable to the petitioners.

2. The petitioners had initially approached this Court for grant of revised pay scale, which was disposed of by a direction to the respondents to consider grant of revised payscale to the petitioners. All the petitioners were found entitled for revised payscale, however the benefit of revised payscale was only granted prospectively. This led to the filing of the second writ petition by the petitioners claiming for arrears of revised payscale from the date of completion of 8 years till the actual date of benefit being extended.

3. This petition also was disposed of by this Court directing the respondents to take an appropriate decision. The respondents again vide Annexure P/3 have allowed their claim and have held them entitled for arrears of pay and have also released 10% amount of arrears of the petitioners and the balance amount have till date not been cleared by the respondents till now.

4. The learned State counsel on the other hand submits that there is already a demand letter made by the Department for appropriate budgetary allocation, so that the arrears can be cleared by the respondent No.3 and as soon as the same is received the claim shall be settled at the earliest.

5. Given the limited grievance that the petitioners have i.e. for clearance of the arrears of payment at the earliest and considering the fact that 3 it is almost 10 months now that the decision of the respondents Annexure P/3 was taken on 22.12.2020, ends of justice would serve if the writ petition at this juncture disposed of directing the respondents to ensure that the entire arrears of payment payable to the petitioners are cleared at the earliest preferably within a period of 4 months from the date of receipt of the copy of this order, failing which the entire amount shall carry interest @10% p.a. from the date of order Annexure P/3 dated 22.12.2020 till the actual date of payment is made.

6. With the aforesaid observations, the present writ petition stands disposed of.

Sd/-

(P. Sam Koshy) Judge Ved