Bolwa Ram Bhagat vs State Of Chhattisgarh 19 Wps/1134/2019 ... on 20 February, 2019

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Chattisgarh High Court

Bolwa Ram Bhagat vs State Of Chhattisgarh 19 Wps/1134/2019 ... on 20 February, 2019

Bench: P. Sam Koshy

                                         1
                                                                              NAFR
                 HIGH COURT OF CHHATTISGARH, BILASPUR
                     WRIT PETITION (S) NO.1136 OF 2019
   1. Bolwa Ram Bhagat S/o Ramjeet Aged About 37 Years Assistant Teacher
      (L.B.), Govt. Primary School, Baklibhata, Block Masturi, District Bilaspur
      Chhattisgarh.
                                                                  ...Petitioner(s)
                                       Versus
   1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat
      And Rural Development, Mantralaya, Mahanadi Bhawan, Atal Nagar
      Raipur, District Raipur Chhattisgarh.
   2. Commissioner Cum Director Directorate Of Panchayat, Atal Nagar Raipur,
      District Raipur Chhattisgarh.
   3. Chief Executive Officer Zila Panchayat, Bilaspur, District Bilaspur
      Chhattisgarh.
   4. Block Education Officer Masturi, District Bilaspur Chhattisgarh.
                                                           ... Respondent(s)

       For Petitioner              :      Shri CJK Rao, Advocate.
       For Respondent-State        :      Shri Anshuman Shrivastava, PL.
                     Hon'ble Shri Justice P. Sam Koshy
                                Order on Board
20.02.2019

1. The limited grievance which the petitioner has 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 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 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 petitioner prays for appropriate direction to the respondents for releasing the said amount. According to the petitioner he had completed their 8 years of service in the 2 year 2016 and accordingly they were entitled for the benefit of revised pay scale immediately on completion of 8 years of service. However, this benefit has been extended to the petitioner only in 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 2016 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 petitioner, let respondents No. 2 & 3 take an appropriate decision at the earliest so far as release of the arrears of payment which the petitioner is 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/-

(P. Sam Koshy) Judge inder

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