1 2025:CGHC:60372 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6039 of 2023 Apol Kindo, aged about 51 years, D/o Shri Johan Kindo, presently Posted As Lecturer At Government Higher Secondary School, Udari, Block- Udaipur, District : Sarguja , Chhattisgarh. ... Petitioner versus 1 - State of Chhattisgarh Through the Secretary, Department of School Education, Mantralaya, Mahanadi Bhawan, Nawa Raipur, District : Raipur, Chhattisgarh 2 - Secretary Department of Panchayat and Rural Development, Mantralaya, Mahanadi Bhawan, Nawa Raipur, District : Raipur, Chhattisgarh 3 - Chief Executive Officer Zila Panchayat Sarguja, District : Sarguja Ambikapur, Chhattisgarh 4 - District Education Officer Sarguja, District : Sarguja Ambikapu), Chhattisgarh 5 - Chief Executive Officer Udaipur, District : Sarguja Ambikapur, Chhattisgarh. ... Respondents (Cause-title taken from Case Information System) For Petitioner : Ms. Zainab Mustafa Vanak, Advocate on behalf of Mr. Mateen Siddiqui, Advocate For State : Mr. Devesh G. Kela, Panel Lawyer YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.12.12 13:12:00 +0530 2 Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 11.12.2025 1. The petitioner has filed this writ petition with the following relief(s):- “10.1 This Hon'ble Court may kindly be pleased to direct the respondent's authorities to release the arrears of revised pay scale w.e.f. 03.07.2016 to till now with 18% interest; 10.2 This Hon'ble Court may kindly be pleased to grant any other relief(s)/ writ(s), order(s) in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts & circumstances of the case, including awarding of the costs to the petitioner.” 2. Learned counsel for the petitioner submits that the petitioner was initially appointed as Shiksha Karmi Grade-III vide order dated 17.07.2008 issued by the Chief Executive Officer, Janpad Panchayat Pandariya, District Kabirdham. Thereafter, upon participating in the direct recruitment process for the post of Teacher (Panchayat)/Shiksha Karmi Grade-I, the petitioner successfully cleared the examination and selection procedure and was accordingly appointed on 11.01.2011. Subsequently, by order dated 06.12.2016, the services of the petitioner were duly regularized/confirmed on the post of Teacher (Panchayat)/Shiksha Karmi Grade-I. 3 3. It is further submitted that the Secretary, Panchayat and Rural Development Department, vide order dated 17.05.2013, clearly stipulated that in terms of the Cabinet decision dated 11.05.2013, all Teacher Panchayat cadre employees completing 8 years of service are entitled to the revised pay scale of ₹9300-34,800 with grade pay ₹4200, in place of the earlier scale of ₹4500-125-7000, and that the calculation of qualifying service shall be reckoned from the date of first appointment. 4. Learned counsel further submits that non-grant of the revised pay scale had earlier compelled similarly situated employees to approach this Court by filing WP(S) No.2530/2017, wherein this Court directed that the benefit of the revised pay scale be extended on completion of 8 years of total service, inclusive of service rendered on the lower post. In compliance with the said principle, the Chief Executive Officer, Zila Panchayat Sarguja vide order dated 18.07.2019 granted the revised pay scale to the petitioner w.e.f. 03.07.2016. However, despite granting the revised pay scale, the respondents have failed to release the consequential arrears from 03.07.2016 till date, causing continuous financial prejudice to the petitioner. Learned counsel also places reliance on the order passed in WP(S) No.5328/2021 dated 04.10.2021, wherein this Hon’ble Court directed the respondents to clear all arrears within four months, failing which the amount was to carry interest @10% per annum. It is submitted that the petitioner stands on identical footing, and therefore, the 4 respondents’ failure to release arrears is wholly arbitrary, unjustified, and contrary to the settled legal position. 5. On the other hand, learned State counsel submits that the petitioner has already been granted the benefit of the revised pay scale w.e.f. 03.07.2016, and the remaining arrears are under active consideration of the competent authority. It is further submitted that the delay, if any, is purely administrative in nature and not deliberate, and the petitioner’s claim will be addressed strictly in accordance with rules, subject to verification of service particulars and financial sanction. The State therefore prays for reasonable time to complete the process. 6. I have heard learned counsel appearing for the parties and perused the documents annexed with the writ petition. 7. Having considered the submissions advanced by learned counsel for the parties and upon perusal of the material placed on record, it is evident that the petitioner has already been extended the benefit of the revised pay scale w.e.f. 03.07.2016, but the consequential arrears accruing therefrom have not been released till date. The petitioner’s entitlement flows directly from the policy decision dated 17.05.2013 as well as the law laid down by this Court in earlier identical matters, wherein it has been consistently held that on completion of 8 years of service, including service rendered on a lower post, the revised pay scale must be extended and all consequential benefits must follow. 5 8. In view of the aforesaid undisputed factual position and keeping in mind the principle of parity, this Court is of the considered opinion that the grievance of the petitioner deserves to be redressed expeditiously. Accordingly, the writ petition stands disposed of with a direction to the respondent-authorities to consider the petitioner’s claim for release of arrears arising out of the revised pay scale granted w.e.f. 03.07.2016 and to pass a reasoned and speaking order in accordance with law. 9. The entire exercise shall be completed within a period of 60 days from the date of receipt of a certified copy of this order, failing which the entire amount shall carry interest at the rate of 9% per annum from 03.07.2016 till the actual date of payment is made. Sd/- (Amitendra Kishore Prasad) Judge Yogesh