Order On Board

14/02/2023

1. Heard.

1. Grievance of petitioner in this writ petition is with regard to non-

granting the monetory benefit of revised pay scale from the date of completion of eight years of service.

2. Learned counsel for the petitioner would submit that petitioner -

Smt. Sangeeta Mandavi was initially appointed on the post of Shiksha Karmi, Grade-III under the Department of Panchayat and Rural Development, Raipur on 07.09.2006 and while in service she further participated in the recrutement proceedings and was appointed as Lecturer (Panchayat) on 09.10.2010. In pursuance to the order of the State Government dated 17.05.2013, the petitioner alongwith others were extended benifit of revised pay scale vide order dated 06.03.2021. In the said order, the date of completion of 8 years of services of the petitioner is also mentioned as 07.09.2014 however, the benifit of revised pay scale was not extended from 07.09.2014 but from extended from 06.03.2021, hence, petitioner is entitled for arrears of revised pay scale from 07.09.2014 till 06.03.2021. In support of his contention, he placed reliance upon decision of this Court in case of WPS No. 2530 of 2017 (Mukesh Kumar Patel and another Vs. State of Chhattisgarh and another) and WPS No. 5328 of 2021 (Avinesh Kumar Namdev and others Vs. State of Chhattisgarh and others).

3. Ms. Sunita Jain, Govt. Advocate for the State would submit that she is only representing the State. The order of revised pay scale is issued by the Zila Panchayat Uttar Bastar, Kanker (C.G.) i.e. respondent No. 4 and the petitioner has not submitted any application before respondent No. 4 seeking the relief as claimed in this writ petition.

4. At this stage, the learned counsel for the petitioner would submit that he may be permitted to file a representation before respondent No. 4 and respondent No. 4 may be directed to consider and decide the same in accordance with law within specific time frame.

5. I have heard learned counsel for the parties and perused the document placed on record.

6. The Annexure P/1 is an order issued by the respondent No. 4 granting revised pay scale to the petitioner and others (Lecturer Panchayat) posted within the School situated under respondent No. 4. The date of order is 06.03.2021 and date of completion of 8 years as mentioned as 07.09.2014 and according to submission of learned counsel for the petitioner, the benefit of revised pay scale is extended only from the date of order.

7. In view of the aforementioned facts & circumstances of the case, this writ petition is disposed of at this Stage permitting the petitioner to submit fresh representation before respondent No. 4 along with relevant documents, and in the eventuality of filing such representation, respondent Nos. 4 shall consider and decide the same in accordance with law expeditiously preferably within a period of eight weeks from the date of receipt of representation keeping in mind the decision of this Court in cases of Mukesh Kumar Patel (supra) and Avinesh Kumar Namdev (supra).

8. Accordingly, this petition is disposed off with aforesaid observations and directions.