1 2026:CGHC:9150 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1315 of 2023 1 - Saket Kumar Soni S/o Gyan Singh Soni Aged About 33 Years Working As Teacher (L. B.) And Posted At Govt. Middle School Girhola, Block Dhamdha, District : Durg, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Mantralaya New Raipur, District : Raipur, Chhattisgarh. 2 - Director Panchayat And Rural Development Department, Indravati Bhawan Raipur, District : Raipur, Chhattisgarh. 3 - District Education Officer Durg, District : Durg, Chhattisgarh. 4 - Chief Executive Officer Zila Panchayat Durg, District : Durg, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. G.P. Mathur, Advocate. For Respondent(s)/State : Ms. Vartika Shrivastava, Panel Lawyer. RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 20/02/2026 1. By way of this petition, the petitioner has prayed for following reliefs:- “(i) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to grant the arrears with interest of 18% from 04.10.2018 to 11.01.2023, in the interest of justice. (ii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.” 2. Brief facts of the case, is that, the petitioner was initially appointed as Shiksha Karmi Grade–III on 07.08.2007 and, after undergoing a fresh recruitment process, was appointed as Shiksha Karmi Grade–II on 02.01.2009. That, the State Government issued directions for grant of the revised pay scale upon completion of eight years of service; however, the respondents failed to extend the said benefit to the petitioner, compelling him to file Writ Petition (S) No. 5016/2018, wherein this Hon’ble Court directed the respondents to grant the revised pay scale after adding his earlier service. That, although the revised pay scale was subsequently granted, the arrears were not paid, and therefore the petitioner again approached this Hon’ble Court by filing Writ Petition (S) No. 1335/2020, wherein directions were issued to consider and release the arrears of the revised pay scale. That, 3 despite such directions, the petitioner was paid only a token amount of Rs. 16,666/- against the total arrears of Rs. 2,90,000/- on 07.06.2022, whereas two other similarly situated teachers, namely Pawan Kumar Singh and Adil Hasan, were paid their entire arrears on 11.07.2022 as per the calculation sheet. That, aggrieved by the discriminatory treatment, the petitioner submitted a complaint to the higher authorities on 31.08.2022; however, as the arrears were still not released, he was constrained to file Contempt Case (C) No. 93/2021, in which notices were duly issued and served upon the respondent-contemnors. That, even thereafter, the arrears were not paid and, after an inordinate delay of two years, an order was finally passed on 11.01.2023 for grant of arrears. That, the petitioner became entitled to the benefit of the revised pay scale upon completion of eight years of service on 07.08.2015, and though the revised pay scale was granted pursuant to the direction of this Hon’ble Court dated 04.09.2018 by order dated 04.01.2014, the arrears were unjustifiably withheld; thus, the respondents ought to have released the arrears immediately, or at least within one month from 04.09.2018, i.e., by 04.10.2018. However, the arrears were granted only on 11.01.2023, after filing of the writ petition and two years after initiation of contempt proceedings. Accordingly, the petitioner is entitled to interest at the rate of 18% per annum for the period from 04.10.2018 to 11.01.2023. That, despite making a representation for grant of interest, no action has been taken, and 4 hence the present petition has been filed. 3. Learned counsel for the petitioner submits that the action of the respondents is wholly unconstitutional, arbitrary, discriminatory and unsustainable in the eyes of law. It is contended that despite clear directions and the lawful entitlement of the petitioner, the arrears were not paid, compelling the petitioner to initiate Contempt Case (C) No. 93/2021, wherein notices were duly issued and served upon the respondent-contemnors. Even thereafter, the respondents failed to release the arrears, and it was only after a lapse of nearly two years that an order dated 11.01.2023 was passed granting the arrears. Learned counsel further submits that the petitioner became entitled to the benefit of the revised pay scale upon completion of eight years of service, i.e., on 07.08.2015, and though the revised pay scale was eventually granted pursuant to the order dated 04.01.2014 in compliance with the directions of this Hon’ble Court dated 04.09.2018, the same was granted without arrears. It is urged that the respondents ought to have released the arrears immediately, or at least within a reasonable period of one month from the date of the Court’s order, i.e., by 04.10.2018, however, the arrears were disbursed only after the filing of the writ petition and nearly two years after initiation of the contempt proceedings, culminating in the order dated 11.01.2023. In these circumstances, it is submitted that the petitioner is legally entitled to interest at the rate of 18% per annum on the delayed payment of arrears for the 5 period from 04.10.2018 to 11.01.2023, and it is therefore prayed that this Hon’ble Court may graciously be pleased to direct the respondent authorities to release the arrears along with interest at 18% for the aforesaid period, in the interest of justice. Hence, this petition. 4. On the other hand, learned counsel for the State submits that the allegations made by the petitioner are wholly denied. It is submitted that the petitioner, initially appointed as Shiksha Karmi Grade III on 07.08.2007 and later as Grade II on 02.01.2009, was duly granted the benefit of the revised pay scale in accordance with the State Government’s policy upon completion of eight years of service. A total amount of Rs. 2,90,000/- towards arrears was sanctioned, out of which Rs. 16,666/- was paid on 12.10.2020 and the remaining Rs. 2,74,237/- was disbursed on 13.01.2023 after receipt of necessary budgetary sanction, as reflected in the official records. It is further submitted that the delay in payment occurred due to non-availability of funds following the absorption of the Panchayat cadre into the School Education Department, and not on account of any deliberate or arbitrary action. The arrears were released immediately upon allotment of funds. Hence, the petitioner is not entitled to interest or any further relief, and the petition, being devoid of merit, deserves to be dismissed. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Having heard learned counsel for the parties and upon perusal of 6 the material available on record, this Court finds that the benefit of the revised pay scale as well as the entire arrears amounting to Rs. 2,90,000/- have admittedly been released to the petitioner, though with some delay, the final payment having been made on 13.01.2023. Insofar as the claim for interest at the rate of 18% per annum for the period from 04.10.2018 to 11.01.2023 is concerned, the same involves disputed questions relating to administrative delay and availability of budgetary sanction, which cannot be adjudicated in the present writ proceedings in absence of clear arbitrariness or malafide on the part of the respondents. 7. However, considering the facts and circumstances of the case, it would be appropriate to grant liberty to the petitioner to submit a comprehensive representation before the competent authority claiming interest on delayed payment of arrears, and if such representation is filed within a period of 30 days, the same shall be considered and decided by the respondent authorities by passing a reasoned and speaking order in accordance with law within a further period of 60 days from the date of receipt of copy of this order. 8. With this observation and direction, the petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat