CFOOOB150222 IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH WRIT PETITION N0. 4084 OF 2003 PETITIONERS : ^ t ' •'.r ^l' 1. Smt. Usha Gupta, W/o Shri Narendra Kumar Gupta, Aged about_ years. 2. Ku. Rani Suryavanshi, D/o B.R. • Suryavanshi, Aged about years. 3. Ku. Heinlata Shrivas, D/o Shri Girdhari Shrivas, Aged about years. 4. Smt. Quresh Begum, W/o Shri Mohammed Arif, Aged about years. All working as Upper Division Teachers in Lal Bahadur Shashtri Municipal Higher Secondary School, Shanichari, Bilaspur (CG). Versus RESPONDENTS 2. State of Chhattisgarh Through the Secretary, Department of Urban Development & Administration, D.K.S. Building, Mantralaya, Raipur, Chhattisgarh. Municipal Corporation, Bilaspur, Through its Comrmssioner, Municipal Corporation Buildisng, Nehru Chowk, Bilaspur (CG). WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA »y!""»»i>; HIGH COURT OF CHHATTISGARH AT BILASPUR (Hon. Mr. Justice Pritinker Diwaker) Writ Petition No. 4085 of 2003 PETITIONER RESPONDENTS VERSUS Narendra Kumar Gupta State of Chhattisgarh and others PETITIONER RESPONDENTS Writ Petition No. 4084 of 2003 VERSUS Usha Gupta and others State of Chhattisgarh and others WritPetitionNo.2818of 2002 lil 'IVIJIfc'*^;?:?.. :;'!^*»'^ss%£-^:. 't:^:<^;^, PETITIONER RESPONDENTS VERSUS Shashi Gupta and others. State of Chhattisgarh and others Shri V. R. Tiwari, counsel for the petitioners. Shri Vivek Sharma, PL for the respondenVState. Shri A. S. Kachhwaha, counsel for Municipal Corporation, Bilaspur. WRIT PETITIQNS UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA ORDER (28.09.2010) By way of these petitions the petitioners are seeking writ of mandamus/any other writ for grant of pay scale of the post of Lecturer from the date the petitioners were 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 petitioners and that of the lecturer be also paid with interest to the petitioners. 1- @ -2- 2 . Relevant facts in brief are that initially the petitioners were appointed on the post of Upper Division Teacher on 21.7.1986 and 23.7.1986. After being confirmed on the post of Upper Division Teacher they were promoted to the post of lecturer vide order dated 16.7.1997 (Annexure P-1 in WP 2818/2002, P-2 in W.P. 4084/2003 & 4085/2003). According to the case of the petitioners, though they have been promoted to the post of Lecturer way back on 16.7.1997 yet till date their salary of the said post has not been paid to them on the ground that their promotion has not been approved by the State Government. 3. Counsel for the petitioners submits that the point involved in the cases 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 & 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 Fespondent 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. 30 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, these petitions are atso allowed in terms of the order dated 29th March, 2006 passed by this Court in W.P.No.4003 of 2003 (Smt. Kavita Tiwari v. State of Chhattisgarh & another). No order as to costs. ^^ Pritinker Diwakar Judge