Disposed

Sita Ram Sahoo v. State of Chhattisgarh

Chhattisgarh HC16 Sept 2020WPS/3622/2020

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought enforcement of a direction to release arrears of pay-scale due to him after completing 8 years of service. The court, applying principles from Mukesh Kumar Patel, directed respondents to decide on the arrears within 90 days before disposing of the petition.

What did the court decide?

Direction to respondents 3 & 4 to decide on release of arrears of payment within 90 days; petition finally disposed of.

Sita Ram Sahoo Vs State of Chhattisgarh — Pension and Retirement Benefits | Chhattisgarh HC (2020)

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPS No. 3622 of 2020

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Sita Ram Sahoo S/o Late Sudhu Ram Sahoo Aged About 39 Years Presently Working As Lecturer (L.B.), At Govt. Higher Secondary School, Komakhan, Block Bagbahara, District Mahasamund Chhattisgarh. ---- Petitioner

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Versus

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

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

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

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Chief Executive Officer, Zila Panchayat Mahasamund District Mahasamund Chhattisgarh.

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District Education Officer, Mahasamund, District Mahasamund Chhattisgarh.

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---Respondents

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For petitioner – Shri C. Jayant K. Rao, Advocate. For State- Smt. Richa Shukla, Dy.G.A.

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Hon'ble Shri Justice Goutam Bhaduri Order

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16/09/2020

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Heard.

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The grievance of the petitioner is that the petitioner was initially appointed on the post of Shiksha Karmi Grade-II on 7/08/2006. Subsequently, he joined on the post of Shiksha Karmi Grade-I on 24/01/2011 and therefore, after completion of 8 years of service on 7/08/2014 from the initial appointment, he was entitled to receive the revised pay-scale, however, the same has been granted from 18/09/2018. 3. 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 :

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“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

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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.

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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.

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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.”

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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.

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

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

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(Goutam Bhaduri)

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JUDGE

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gouri

Sita Ram Sahoo v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Sita Ram Sahoo v. State of Chhattisgarh

Case brief

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What did the court decide?

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