1 2025:CGHC:45208 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2263 of 2018  Smt. Marcy Saxsena W/o Shri Sriparam Saxena, Aged About 42 Years Assistant Teacher, Working At Govt. Dr. Shyama Prasad Mukharjee (Railway) Primary School, Champa, R/o Near Kids Zone School, Jagdalla, Champa, Police Station Champa, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ... Petitioner(s) versus 1. State Of Chattisgarh Secretary, Urban Administration And Development Department, Mahanadi Bhawan, Police Station New Raipur, Tahsil Raipur, Civil And Revenue District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2. Director, Urban Administration And Development Department, Directorate, Indrawati Bhawan, Police Station New Raipur, Tahsil Raipur, Civil And Revenue District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3. Nagar Palika Parishad, Champa, Through Chief Municipal Officer, Champa, Police Station Champa, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 4. Block Education Officer, Jaijaipur, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Kabir Kalwani, Advocate holding the brief of Mr. Vaibhav A. Goverdhan, Advocate For State : Mr. T.L. Bareth, Panel Lawyer For Respondent No. 3 : Mr. Avinash Singh, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 04. 09.2025 1. By way of this petition, the petitioner has sought the following relief(s):- “10.1 That, this Hon’ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/orders to the respondent authorities and they may kindly be SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.09.08 17:08:33 +0530 2 directed to give the benefit of “Kramonnati” to the petitioner w.e.f. October 2017. 10.2 That, this Hon’ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 2. Learned counsel for the petitioner would submit that the petitioner was extended benefit of upgraded pay scale vide order dated 28.02.2017, but surprisingly said benefit was stopped in the month of October, 2017 for period upto April, 2018, and thereafter, the respondent authorities extended benefit of upgraded pay scale from month of May, 2018. He would further submit that respondents may be directed to consider the claim of the petitioner with regard to payment of arrears of upgraded pay scale for period from October, 2017 to April, 2018, expeditiously. 3. On the other hand, learned counsel for respondents would oppose. They would submit that the petitioner has no right to claim arrears of upgraded pay scale for said period. They would submit that the instant petition deserves to be dismissed. 4. I have heard learned counsel for the parties and perused the documents placed on record. 5. Considering the fact that benefit of upgraded pay scale was extended to the petitioner vide order dated 28.02.2017 and the order is still in existence and the same has not been canceled or withdrawn by the respondent authorities; therefore, the petitioner is entitled for such benefit. 6. As there was break in payment of upgraded pay scale for period from October, 2017 to April, 2018, without any justifiable reasons, therefore, petitioner appears to be entitled for arrears of said benefit. The petitioner is permitted to make a representation in this regard before the respondent No. 3, and in turn, the said authority is directed to decide the representation 3 expeditiously, strictly in accordance with the law, preferably within a period of 90 days. 7. With the aforesaid observation(s), and direction(s), the instant petition is hereby disposed of. Sd/- (Rakesh Mohan Pandey) Judge $iddhant