Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:12275
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1751 of 2025 1 - Moorat Singh Markam S/o Shri Mandev Singh Aged About 49 Years Working On The Post Of (Senior Panchayat Karmi, Class- Ii) Secretary, Gram Panchayat- Kamarji, Janpad- Bharatpur, Distt.- Manendragadh- Chirmiri-Bharatpur (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Principal Secretary, Panchayat And Rural Development Department, Ministry At Mahanadi Bhawan, Atal Nagar, Raipur, Distt.- Raipur (C.G.). 2 - Director (Panchayat) Chhattisgarh Vikas Bhawan, Sector-19, North Block, New Raipur, Atal Nagar, Distt.- Raipur (C.G.). 3 - Chief Executive Officer Zila Panchayat Koriya, Baikunthpur Distt.- Koriya (C.G.). Digitally signed by RAGHVENDRA JAT
2 4 - Chief Executive Officer Zila Panchayat Manendragarh, Distt.- Manendragadh-Chirmiri-Bharatpur (C.G.). 5 - Chief Executive Officer Janpad Panchayat- Bharatpur, Distt.- Manendragadh-Chirmiri-Bharatpur (C.G.)
... Respondent(s) For Petitioner(s) : Mr. Jai Prakash Shukla, Advocate. For Respondent(s)/State : Mr. S. S. Choubey, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 12/03/2025
1. By way of this petition, the petitioner has prayed for following reliefs:-
“10.1 That this Hon'ble Court may kindly be pleased to direct the respondent authorities to call the entire records pertaining to this case. 10.2 The Hon'ble Court may kindly be pleased to issue writ in the nature of mandamus/certiorari/ prohibition, thereby to direct the respondent authorities to disburse the outstanding due arrears amount of petitioner with applied interest on it and alternatively to direct them to decide pending representation made by the petitioner requesting to disburse outstanding due arrears amount and further to pass any other relief(s) which it deems fit along with cost
3 of the petition in the interest of justice.”
2. Learned counsel for the petitioner submits that petitioner is working on the post of Senior Panchayat Karmi, Class-II, Panchayat Sachiv, Gram- Panchayat Kamarji, Janpad Bharatpur, District- Manendragadh-Chirmiri-Bharatpur. He further submits that the petitioner was initially appointed and joined on the post of Sachiv, Gram- Panchayat Kamarji on 02.04.1998. He further submits that the petitioner has been transferred to Gram Panchayat, Mohantola on 17.02.2012, Gram Panchayat, Devgarh on 23.09.2014 and Gram Panchayat, Kamarji on 23.06.2023 all of which falls in same Janpad Bharatpur. He further submits that from the date of his initial appointment in the year 1998 petitioner completed mandatory service length of 15 years for consideration of promotion in the year 2013, however, his promotion has been considered and given order dated
27.09.2018.
He further submits that during his posting at Devgarh he has been promoted on the post of Senior Panchayat Karmi, Class-II (Gram Panchayat Sachiv) at the pay scale of 3500- 10000 + grade pay Rs 1200. He further submits that promotion has been considered in the year 2018, however, it has been said to be effective w.e.f 01.08.2013 the actual date from which he was deserving for promotion. He further submits that his promotion w.e.f 01.08.2013 new amended pay band and grade
4 pay approved pursuant to which, salary calculation sheet prepared demonstrating that he deserves for arrears amount i.e differential amount of actual entitled salary to that of the salary actually he was being paid of 60 months which subtotal calculated by the department to the tune of Rs 69,029/-. The CEO, Janpad Panchayat, Bharatpur prepared a list of Panchayat Karmi and their corresponding amount of arrears after fixation of their salary at promotional pay scale in which name of petitioner shown at Serial No. 5, and sent it to CEO, Zila Panchayat, Koriya for disburse the memo dated 02.09.2019. He further submits that almost six years have passed since the approved arrears amount has been sent to CEO, Zila Panchayat, Koriya for disburse the amount but till date it is not paid to the petitioner even after repeated representation made in this regard. He further submits that one of the Panchaytkarmi who has been shown at Serial No. 3 in same list, who was also aggrieved in same way as the petitioner, preferred WPS No. 981/2025 which has been disposed off vide order dated 04.02.2025 directing the authorities to disburse the dues arrears amount. 3.
On the other hand, learned State counsel opposed the argument advanced by the learned counsel for the petitioner and submitted that the chart of arrears payable to the petitioner (Serial No. 5) for the relevant period has been sent to the Chief Executive Officer,
5 Zila Panchayat, Koriya for further proceedings. 4. I have heard learned counsel for the parties and perused the material available on record. 5. In view of the above discussions, considering the facts and circumstances of this case, further considering the fact that the chart of arrears payable to the petitioner (Serial No. 5) for the relevant period has been sent to the Chief Executive Officer, Zila Panchayat, Koriya for further proceedings, the respondent authorities are directed to decide the representation of the petitioner in pragmatic manner, looking to the fact that the promotion of the petitioner was given to the petitioner from the back date on completion of his 15 years of service i.e. 03.04.2013, within a period of 4 weeks from production of copy of this order. 6. With the aforesaid observation and direction, the instant petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat