Chattisgarh High Court
Saraswati Pant vs State Of Chhattisgarh 13 Wps/4347/2019 ... on 19 June, 2019
Author: P. Sam Koshy
Bench: P. Sam Koshy
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NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
Writ Petition (S) No. 4368 of 2019
Saraswati Pant W/o Shri Abhijeet Pant Aged About 40 Years R/o
Tikrapara, Kanker, District- North Bastar-Kanker, Chhattisgarh.
---- Petitioner(s)
Versus
1. State Of Chhattisgarh Through Its Secretary, School Education
Department, Mantralaya, Atal Nagar Raipur, District- Raipur,
Chhattisgarh.
2. Director Panchayat Directorate, Indrawati Bhawan, Mantralaya Atal
Nagar, Raipur, District- Raipur, Chhattisgarh.
3. Chief Executive Officer District Panchayat, North Bastar, Kanker,
Chhattisgarh.
4. Chief Executive Officer Janpad Panchayat Narharpur, District- North
Bastar, Kanker, Chhattisgarh.
5. Headmaster Middle School, Mudpar (Dakhan) Block- Narharpur,
District- North Bastar, Kanker, Chhattisgarh.
---Respondents
For Petitioner : Shri Raj Kumar Pali, Advocate. For Respondent-State : Shri Sameer Behar, Panel Lawyer.
Hon'ble Shri Justice P. Sam Koshy Order on Board 19.06.2019.
1. The prayer made by the petitioner in this Writ Petition is for issuance of direction to the respondents to count the petitioner service from the date of appointment and not from the date of joining.
2. The petitioner had been seeking this relief so as to obtain the benefit of absorption in the School Education Department as per the policy of the State Government dated 30/06/2018 (Annexure-P/3).
3. The matter pertains to absorption of those Teachers (Panchayat/Urban Administration Department) whose services have been taken by the School Education Department be absorbed as per the policy dated 30/06/2018. As per the said policy, whoever has 8 -2- years of service as on 01/07/2018 would be considered for absorption.
4. Subsequently, another order was passed on 02/07/2018 by the Secretary, School Education Department whereby it has been ordered that all those Teachers (Panchayat/Urban Administration Department) who have completed 8 years of service as on 01/07/2019 would be again considered for absorption and this process thereafter would be continued on the completion of 8 years of service by the department by the first of January as also by the first of July each year for the purpose of absorption.
5. So far as present matter is concerned, the petitioner was appointed vide order dated 28.12.2010 and had given joining on 01.01.2011. Even accepting 01.01.2011 to be the date of appointment, the petitioner undisputedly completes 8 years of service on 31.12.2018.
6. In the given facts, so far as the petitioner herein is concerned, her claim squarely falls within the circular dated 30.06.2018 for the purpose of absorption and this Court does not find any good reason for not granting the benefit in accordance with the policy dated 30.06.2018 to the petitioner herein subject to the petitioner fulfilling other eligibility criteria required for absorption, if any, under the Rules.
7. Given the aforesaid factual matrix of the case, this Court is of the opinion that since the petitioner has 8 years of service as on 31.12.2018 even from the date of joining i.e. 01.01.2011, the present Writ Petition can be disposed off with a direction to the concerned -3- respondents to consider and decide her claim for absorption in accordance with the policy prevalent and the rules governing the field within a period of 90 days from the date of receipt of certified copy of this order.
8. The Writ Petition accordingly stands disposed off.
Sd/-
(P. Sam Koshy) Judge inder