Disposed

Umesh Kumar Girre v. State of Chhattisgarh

Chhattisgarh HC9 Jul 2020WPS/2596/2020

Case brief

AI extract

What is this about?

Petitioner, a government employee, approached the Court seeking arrears of revised pay-scale after completing eight years of service. The Court directed respondents to decide on the release of arrears within 90 days, relying on prior precedents.

What did the court decide?

Direction to respondents to decide on release of arrears of payment within 90 days; subsequent disposition of writ petition.

Umesh Kumar Girre Vs State of… — Pension and Retirement Benefits | Chhattisgarh HC (2020)

¶1

¶2

HIGH COURT OF CHHATTISGARH, BILASPUR

¶3

WPS No. 2596 of 2020

¶4

Umesh Kumar Girre, S/o. Mehtaru Ram Girre, Aged About 32 Years, Presently Working As Lecturer (L.B.) At Government Higher Secondary School, Parsadih, Block Bilaigarh, District Balodabazar Bhatapara Chhattisgarh.

¶5

---- Petitioner

¶6

Versus

¶7

State Of Chhattisgarh, Through The Secretary, Department Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh.

¶8

The Secretary, Department Of Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh.

¶9

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

¶10

Chief Executive Officer, Zila Panchayat, Balodabazar District Balodabazar Bhatapara Chhattisgarh.

¶11

District Education Officer, Balodabazar District Balodabazar Bhatapara Chhattisgarh.

¶12

		---- Respondents
For Petitioner	:	Mr. C.Jayant K. Rao, Advocate
For State	:	Mr. Amrito Das, Addl. A.G.

¶13

Hon'ble Shri Justice Goutam Bhaduri

¶14

ORDER

¶15

09.07.2020

¶16

Considering the nature of default as pointed out by the Registry, the default is ignored and with the consent of learned counsel appearing for the parties, the case is heard finally.

¶17

The grievance of the petitioner is that the petitioner was initially appointed on the post of Shiksha Karmi Grade-III on 26.07.2008. Subsequently, he joined on the post of Shiksha Karmi Grade-I on 09.07.2011 and therefore, after completion of 8 years of service on 26.07.2016 from the initial

¶18

¶19

appointment, he was entitled to receive the revised pay-scale, however, the same has been granted from 06.08.2018.

¶20

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 :

¶21

“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.

¶22

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.

¶23

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.”

¶24

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

¶25

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

¶26

¶27

expected that a decision shall be taken within a period of 90 days from the date of receipt of this order.

¶28

With the above observations, this writ petition stands finally disposed of.

¶29

Sd/Goutam Bhaduri Judge

¶30

Aks

Umesh Kumar Girre v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Umesh Kumar Girre v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Om Chauhan Vs State of Chhattisgarh

Adarsh Sao Vs Managing Director

Umesh Kumar Shrivas Vs State of Chhattisgarh

S.K. Mishra Vs State of Chhattisgarh

Dhiraj Kumar Sharma Vs State of Chhattisgarh

Dushyant Parana Vs State of Chhattisgarh