Disposed¶28

Ravindra Singh Tomar v. State of Chhattisgarh

Chhattisgarh HC18 Sept 2024WPS/5811/2024

Case brief

AI extract

What is this about?

Chhattisgarh High Court, Bilaspur; WPS No. 5811 of 2024; retired Senior Lecturer, Government Polytechnic College, Ambikapur; non-payment of Seventh Pay Commission arrears (Rs.13,48,920) from 2016 to retirement on 30.06.2023; deputation at KIT Raigarh; Court noted apparent entitlement, granted liberty for fresh representation (30 days) and directed Director, Directorate of Technical Education to decide within 120 days; petition disposed of.

What did the court decide?

Liberty to file a fresh representation within 30 days before the concerned respondents/competent authority, with a direction to respondent No.2/the Director, Directorate of Technical Education to decide it in accordance with law, preferably within 120 days. No monetary direction was issued on the claimed arrears. ¶28

Ravindra Singh Tomar Vs State of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondent authorities can be directed to release to the petitioner the arrears of Rs.13,48,920 arising out of revision of pay in terms of the Seventh Pay Commission, along with interest.

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Court's answer

The petitioner appears to be an employee of the State Government, and it does not appear that he is not entitled to the arrears of the 7th Pay Commission.

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Ratio / Principle

The petitioner is granted liberty to file a fresh representation before the concerned respondents/competent authority within 30 days from the date of receipt of a copy of the order.

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Key takeaways

On such representation being made, respondent No.2/the Director, Directorate of Technical Education is directed to take a decision on the representation made by the petitioner in accordance with law, preferably within 120 days from the date of presentation of the representation.ratio¶27

Detailed headnote1 paragraphs

Writ petition (WPS) by a retired Senior Lecturer of Government Polytechnic College, Ambikapur, who superannuated on 30.06.2023, seeking release of arrears of Rs.13,48,920 arising from revision of pay in terms of the Seventh Pay Commission from 2016 till retirement, with interest. The State stated the petitioner had been on deputation at KIT, Raigarh, a self-financed institution having financial constraints. The Court held that the petitioner appears to be an employee of the State Government and it does not appear that he is not entitled to the arrears of the 7th Pay Commission; the petition was disposed of with liberty to file a fresh representation within 30 days, and the Director, Directorate of Technical Education was directed to decide the representation in accordance with law, preferably within 120 days.

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2024:CGHC:36684

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 5811 of 2024

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1 - Ravindra Singh Tomar S/o Late V.S. Tomar Aged About 62 Years Occupation - Service, Retired Front The Post Of Sr. Lecturer, Government Polytechnic College, Ambikapur, District Sarguja Chhattisgarh R/o Krishna Bhawan, Babupara, Jail Road, Ambikapur, District Sarguja Chhattisgarh

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... Petitioner

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versus

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1 - State Of Chhattisgarh Through The Secretary, Department Of Technical Education, Mahanadi Bhawan, Raipur, Police Station Rakhi, Tahsil And District Raipur, District Raipur Chhattisgarh

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2 - The Director Directorate Of Technical Education, Chhattisgarh, Indrawati Bhawan, Block-3, 3rd/4th Floor, Atal Nagar, Raipur, District Raipur Chhattisgarh

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3 - The Director Kirodimal Institute Of Technology, Raigarh, District Raigarh Chhattisgarh

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4 - The Principal Government Polytechnic College, Ambikapur, District Sarguja Chhattisgarh

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... Respondents

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For the Petitioner : Mr. Pushpendra Kumar Patel, Advocate For Respondent/ State : Ms. Akanksha Verma Dabhadker, P. L.

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({Hon'ble Shri Justice Sachin Singh Rajput})

Order on Board

19/09/2024

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The instant petition has been filed seeking following relief:-

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10.1 That, this Hon’ble Court, may kindly call for the entire record in relates to the case of the petitioner.

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10.2 That, this Hon’ble Court, may kindly be pleased to direct the respondent authorities to release the arrears amount of Rs.13,48,920 ( Annexure P-2) arising out of the revision of pay in terms of Seventh Pay Commission to the petitioner along with interest, within stipulated period, in the interest of justice.

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10.3 That, any other relief, this Hon’ble Court, deem fit and proper may also kindly be granted to the petitioner, in the interest of justice.

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Learned counsel for the petitioner submits that the petitioner was working as Senior Lecturer, Government Polytechnic College, Ambikapur, District Surguja (CG) and on attaining the age of superannuation retired on 30.06.2023. He submits that the petitioner has not been paid the arrears of 7^th Pay Commission from the year 2016 till his retirement. He submits that the chart indicating the amount of arrears has also been prepared and which has been forwarded by the Principal, Government Polytechnic College, Ambikapur, District Surguja (CG) Annexure P-3 to the Director, Directorate of Technical Education, Chhattisgarh. He submits that despite the petitioner having retired for more than 5 years, the arrears have not been paid. Several representations have been made by the petitioner for release of the arrears. Therefore, he submits that the State may be directed to pay the arrears of 7^th Pay Commission to the petitioner.

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On instructions Ms. Verma submits that the petitioner was placed on deputation in KIT, Raigarh which is a self finance Institution and having some financial constraints.

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Be that as it may, the petitioner appears to be the employee of State Government and it appears from letter dated 15.06.2022 Annexure P-3, the grievance of the petitioner has been communicated to the Director, Directorate of Technical Education also and as such it does not appear that the petitioner is not entitled to pay the arrears of 7^th

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¶27

Pay commission, therefore, at this stage, the petitioner is at liberty to file a fresh representation within a period of 30 days from the date of receipt of copy of this order before concerned respondents/ competent authority. On such representation is made, it is directed that the respondent No.2 / the Director, Directorate of Technical Education to take decision on the representation made by the petitioner in accordance with law within stipulated time preferably within a period of 120 days from the date of presentation of representation.

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Accordingly, the petition is disposed of with aforesaid observations and directions. All pending applications if any, stand disposed of.

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Digitally Sd/- signed by PARUL PARUL MITTAL ({Sachin Singh Rajput}) MITTAL Date:

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2024.09.23 JUDGE 11:00:01 +0530

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Parul

Ravindra Singh Tomar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Ravindra Singh Tomar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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