1 2025:CGHC:1929 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 234 of 2025 1. Kanhai Lal Rathiya S/o Jagannath Singh Rathiya Aged About 52 Years Working As Lecturer, Govt. Higher Secondary School, Devgarh,block Tamnar, District- Raigarh, C.G. 2. Smt. Tanuja Sahu W/o Anantram Sahu Aged About 49 Years Working As Teacher (LB), Govt. Middle School, Tamnar, Block Tamnar, District- Raigarh, C.G. 3. Smt. Usha Sahu W/o Rakesh Kumar Sahu Aged About 51 Years Working As Teacher (LB), Govt. Middle School, Tamnar, Block Tamnar, District- Raigarh, C.G. 4. Hemlal Patel S/o- Baijnath Patel Aged About 55 Years Posted As Teacher (LB), Govt. Middle School, Lalpur (Khar), Block Tamnar, District- Raigarh, C.G. 5. Gokul Prasad Parja S/o Bhoku Ram Parja Aged About 54 Years Working As Teacher (LB), Govt. Middle School, Devgaon, Block Tamnar, District- Raigarh, C.G. 6. Vedlal Bhagat S/o Asharam Bhagat Aged About 47 Years Working As Teacher (LB), Govt. Middle School, Dakshin Regaon, Block Tamnar, District- Raigarh, C.G. 7. Smt. Holika Rathiya W/o Kanhai Lal Rathiya Aged About 45 Years Working As Teacher (LB), Government Middle School, Mauhapali, Block Tamnar, District- Raigarh, C.G. Digitally signed by RAGHVENDRA JAT 2 8. Santosh Kumar Sidar S/o Karan Singh Rathiya Aged About 48 Years Working As Teacher (LB), Govt. Middle School, Ukaripali, Block Tamnar, District- Raigarh, C.G. 9. Smt. Gayatri Nayak W/o Amar Kumar Nayak Aged About 44 Years Working As Teacher (LB), Govt. Middle School, Bajarmuda, Block Tamnar, District- Raigarh, C.G. ... Petitioner(s) versus 1. State of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Atal Nagr, Nawa Raipur, C.G. 2. The Secretary Government Of Chhattisgarh, Department Of Panchayat And Rural Development, Mantralaya, Atal Nagr, Nawa Raipur, C.G. 3. The Director Directorate Of Public Instructions, Block- 3, First Floor, Indravati Bhawan, Atal Nagar, Nawa Raipur, C.G. 4. The Chief Executive Officer Zila Panchayat, Raigarh, District- Raigarh, C.G. 5. The District Education Officer District- Raigarh, C.G. 6. The Block Education Officer Tamnar, District- Raigarh, C.G. ... Respondent(s) For Petitioners : Mr. Kamlesh Kumar Pandey, Advocate. For Respondent/State : Mr. Khulesh Sahu, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 3 13/01/2025 1. Heard on I.A. No. 01/2025, which is an application for exemption from filing typed copy. 2. On due consideration and for the reasons mentioned in the application, I.A. No. 01/2025 is hereby dismissed. 3. Learned counsel for the petitioners is directed to file legible copy of the documents/ annexures during the course of the day. 4. By way of this petition, the petitioners has prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby directing the respondent authorities to release the arrears of pay on account of grant of revised pay scale from the date of entitlement to its actual payment i.e. from year 2008 to April, 2013. 10.2 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.” 5. Brief facts of the case, is that, in the year 1998 the petitioners were appointed as Shiksha Karmi Grade-2/ Shiksha Karmi Grade-3 and since then the petitioners are discharging their duties with sincerity and honesty, therefore, upon completion of 4 probation period, the services of petitioners have been regularized/ confirmed and further the petitioners were granted promotion to the next higher post. The date of appointment and promotion of petitioners are mentioned below:- Name of the petitioners Initial Appointment Regularization Promotion Kanhai Lal Rathiya 19.07.1998 27.07.2001 23.04.2008 Smt. Tanuja Sahu 31.07.1998 01.08.2001 14.07.2006 Smt. Usha Sahu 31.07.1998 01.08.2001 14.07.2006 Hemlal Patel 31.07.1998 01.08.2001 14.07.2006 Gokul Prasad Parja 31.07.1998 01.08.2001 14.07.2006 Vedlal Bhagat 31.07.1998 01.08.2001 14.07.2006 Smt. Holika Rathiya 31.07.1998 01.08.2001 14.07.2006 Santosh Kumar Sidar 31.07.1998 01.08.2001 14.07.2006 Smt. Gayatri Nayak 29.07.1998 30.07.2001 07.08.2007 The petitioners have made representations before the respondent authorities for release of arrears of revised pay from year 2008, but the same has same has not been decided. Thereafter, State Government has issued a circular/ order on 17.05.2013, whereby directed that the Teacher (Panchayat) cadre employees are entitled to get revised pay scale upon completion of 8 years of qualifying services. As per aforesaid policy, the respondent No. 4 has issued an order dated 30.07.2013 for grant of revised pay scale in favour of petitioners and the petitioners' entitlement to get revised pay scale is mentioned as 01.05.2013. The petitioners were initially appointed under Panchayat Department, but subsequently the petitioners 5 have been absorbed under the respondent no. 1 department. Though the revised pay scale has been sanctioned in favour of petitioners with effect from 01.05.2013, whereas the petitioners are entitled to get the benefits of revised pay scale from the date of completion of 8 years services i.e. from year 2006. The petitioners have made representations before the respondent authorities for release of arrears of revised pay from year 2008, but the same has same has not been decided. 6. 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: “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. 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 6 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. 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." 7. Learned State Counsel does not dispute the fact that the similar issue raised in this case has been decided by this Court in W.PS No.95 of 2019 and WPS No.99 of 2019. 8. 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 competent authority shall take appropriate decision on the representations made by the petitioners at the earliest for releasing the arrears of payment 7 which the petitioners are entitled for. It is expected that a decision shall be taken as soon as possible preferably within the period of three months from the date of receipt of copy of this order. 9. With the above observations, this writ petition stands finally disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat