1 2025:CGHC:12866 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1035 of 2025 1 - Luxmi Prasad Tiwari S/o Late Chandrika Prasad Tiwari Aged About 53 Years Presently Working On The Post Of Senior Panchayat Karmi Class-Ii (Senior Village Panchayat Secretary) In Village Panchayat Birauridand, Janpad Panchayat Manendragarh, District- Manendragarh- Chirmiri-Bharatpur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Principal Secretary, Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur (C.G.) 2 - Director Directorate Of Panchayat, Indrawati Bhawan Atal Nagar, District- Raipur (Cg) SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.03.19 16:07:12 +0530 2 3 - Joint Director (Finance) Directorate Of Panchayat, Raipur District - Raipur (Cg) 4 - Collector Koriya Koriya (C.G.) 5 - Chief Executive OfÏcer Zila Panchayat Koriya, District-Koriya (Cg) 6 - Chief Executive OfÏcer Zila Panchayat Manendragarh-Chirmiri- Bharatpur, District- Manendragarh-Chirmiri-Bharatpur (Cg) 7 - Chief Executive OfÏcer Janpad Panchayat Manendragarh, District- Manendragarh-Chirmiri-Bharatpur (Cg) ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Sushil Dubey, Advocate. For Respondent(s)/State : Shri Suyashdhar Badgaiya, Dy. Govt. Advocate. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 18.03.2025 1. Heard Mr. Sushil Dubey, learned counsel for the petitioner as well as Mr. Suyashdhar Badgaiya, learned Govt. Advocate for respondent/s. 2. By this petition, this petitioner has sought following relief : 3 “10.1.That, this Hon'ble Court may kindly be pleased to call for entire records pertaining to the case of petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to issue a writ in nature of mandamus whereby to direct to the Respondent Authorities to release the amount of arrears to the Petitioner from 07.05.2010 to 31st March 2018 amounting to Rs. 1,41,392 (Rupees One forty one thousand three hundred and ninety two only) with interest. 10.3 That, any other relief or reliefs may also be granted to the petitioner which this Hon'ble court deems fit and proper in the facts and circumstances of the case.” 3. Learned counsel for the petitioner submitted that vide order dated 07.05.1995 the petitioner was initially appointed on the post of Panchayat Karmi in village Panchayat Barhori Janpad Panchayat Manendragarh District Surguja (presently District Manendragarh- Chirmiri-Bharatpur) (CG). Thereafter on 23.11.2012, when the petitioner was posted in village Panchayat Garud-dol, the Respondent Chief Executive Officer Janpad Panchayat Manendragarh sent a proposal to the Respondent Chief Executive Officer, Zila Panchayat Koriya for the promotion of the petitioner (Serial No. 5) to the post of Senior Panchayat karmi Class-II (Senior Village Panchayat Secretary) on account of completion of 15 years of services on the post of Panchayat Secretary. However, no order of promotion was issued to the petitioner. Later on 27.09.2018 when the petitioner was posted in village Panchayat Domhara, Janpad Panchayat Bharatpur, he 4 (Serial No. 7) was given promotion to the post of Senior Village Panchayat Secretary Class II vide order passed by the Respondent Chief Executive Officer, Zila Panchayat Koriya on completion of 15 years of services on the post of Panchayat- Karmi/Secretary effective from the date 22.11.2010 on the pay scale of 3500-10000+Grade pay Rupees 1200. Since the aforesaid promotion was given to the petitioner from the back date on completion of his 15 years of service i.e. 22.11.2010, the outstanding salary from 2010 to 2018 is remaining to be paid to the petitioner by the parent Zila Panchayat ie the Respondent Chief Executive Officer, Zila Panchayat Koriya. On 02.01.2019, the Respondent Chief Executive Officer, Janpad Panchayat Bharatpur vide its letter to the Respondent Chief Executive Officer, Zila Panchayat Koriya prepared the chart of arrears payable to the Petitioner (Serial No. 5) from November 2010 to 31 March 2018 computing the amount outstanding to the tune of Rs. Rs. 1,41,392 (Rupees One forty one thousand three hundred and ninety two only) and sent it to the Respondent Chief Executive Officer, Zila Panchayat Koriya for further proceedings. Despite of the proposal, the Respondent Joint Director (Finance) Panchayat Department, Raipur has not made any allotment of fund to the concerned Zila Panchayat Koriya for payment of arrears to the Petitioner till date. On 07.03.2024 the Joint Director (Finance) Panchayat Directorate, Raipur provided the allotment of total Rs. 47,98,40,631 (Rupees Forty Seven Crore Ninety Eight Lakh Forty 5 Thousand Six Hundred Thirty One only) to all the Chief Executive Officers (except Bastar) in Chhattisgarh and out of which Rs. 2,61,87,469 (Rupees Two Crore Sixty One Lakh Eighty Seven Thousand Four Hundred Sixty Nine only) was allotted to Zila Panchayat Koriya for the payment of arrears to the concerned Panchayat Karmi/Secretary for the year 2023-24. (ANNEXURE P/3). Thereafter, the petitioner has made a representation dated 20.08.2024 & 29.08.2024 before the Respondents Collector Koriya as well as the Chief Executive Officer, Zila Panchayat Koriya seeking payment of amount of arrears but till date the no action has been taken by the Respondents. (ANNEXURE P/4). 4. 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, Zila Panchayat Koriya for further proceedings. 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 petitioner’s promotion was given to the petitioner from the back 6 date on completion of his 15 years of service i.e. 22.11.2010, within a period of 4 weeks from production of copy of this order. 6. With the aforesaid observation and directions, instant petition is finally disposed off. Sd/- (Bibhu Datta Guru) Judge Shoaib