^ rp/^2 IN THE HON .B LE HIGH COURT OF CHHATTIGARH AT BILASPUR W.P.[S]no. J S/^4- \ 2007 [S.B.] fWRIT PETITION UNDER ARTICLE. 226 OF CONSTITUTION OFINDIAJ PETITIONER ." >•' ^•"" f"'<^v-'" >^y'i ^<e'T.---"' l^-" RESPONDENTS : - / 1. ^ -^> ^^y^^ ^ o \ N'^ Smt. Niranjana Tiwari W\o Shri Harish Tiwari; aged about 51 years ; Lecturer; Deokinandan Higher Secondary School; Municipal Corporation; Bilaspur; R\o Vidhya Nagar;Bilaspur ( C.G.) VERSUS State OfChhattisgarh Through Secretary, Department ofUrban Development & Administration; Mantralaya; D.K.S.Bhavan; Raipur ( C.G.) ^2. Municipal Corporation ; Bilaspur; Through Commissioner; Corporation Building; Bilaspur ( C.G.) fl. '.a'a <»-* PETITION UNDER ARTICLE . 226 OF CONSTITUTION OF MDIA 1950 FOR ISSUENCE OF APPROPRIATE WRIT FOR SALARY 1. PARTICULARS OF THE PETITIONER: AS PER THE CAUSE TITLE. 2. PARTICULARS OF THE RESPONDENTS: AS PER THE CAUSE ff-itf./ -s. <^ ^ \^J?ITLE. iS *;^ '••^••^"^ ZA> k :;w^ Ihsc-KS.-.^.L ^i, HIGH COURT OF CHHATTISGARH AT BILASPUR (Hon. Mr. Justice Pritinker Diwaker) Writ Petition (S) No. 1344 of 2007 PETITIONER RESPONDENTS VERSUS Smt. Niranjana Tiwari State of Chhattisgarh and others Shri Yashwant Tiwari, counsel for the petitioner. Shri Bhaskar Payasi, PL for the respondent/State. Ku. Pushpa Dwivedi Advocate appears for Shri A. S. Kachhwaha, counsel for Municipal Corporation, Bilaspur. WRIT PETITIONS UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA ORDER (01.12.2011) By way of this petition the petitioner is seeking writ of mandamus/any other writ for grant of pay scale of the post of Lecturer from the date on which she was promoted to the post of Lecturer from that of Upper Division Teacher. It has been further prayed that the difference of salary paid to the petitioner and that of the lecturer be also paid to her with interest. 2. Relevant facts in brief are that initially the petitioner was appointed on the post of Upper Division Teacher on 7.9.1981. After being confirmed on the post of Upper Division Teacher she was promoted to the post of lecturer vide order dated 16.7.1997 (Annexure P-1). According to the case of the petitioner, though she has been promoted to the post of Lecturer way back on 16.7.1997 yet till date her salary of the said post has not been paid to her on the ground that her promotion has not been approved by the State Government. 3. Counsel for the petitioner submits that the point involved in the case in hand is no longer res integra as the identical issue has already been settled in the matter of Smt. Kavita Tiwari v. State of Chhattisgarh & r '^ ^ —^_ another in W.P.No. 4003 of 2003 by this Court and the writ petition was allowed with following direction:- "16. For reasons stated above, the petition succeeds and is allowed. The respondent No.3 is directed to pay the difference of salary of the pay, the petitioner was receiving from 16.7.1997 and the pay of Lecture, revised from time to time, till her date of retirement i.e. 30th April, 2005, with interest at the rate of 6% per annum." 4. Counsel appearing for the respondents do not dispute the facts. 5. For the afore-mentioned reasons, this petition is also allowed in terms of the order dated 29 March, 2006 passed by this Court in W.P.No.4003 of 2003 (Smt. Kavita Tiwari v. State of Chhattisgarh & ). No order as to costs. sd/- Pritinker Diwakar Judge