Chattisgarh High Court
Ram Kumar Baghel & Ors vs State Of Chhattisgarh & Ors on 5 May, 2015
Author: Navin Sinha
Bench: Navin Sinha, P. Sam Koshy
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WRIT APPEAL NO. 35 OF 2015
1. Ram Kumar Baghel, S/o Surajbali Baghel, aged about 36 years, Teacher,
Panchayat, Govt. Middle School, Deverikala, Block Kasdole, District Baloda
Bazar-Bhatapara CG State.
2. Jagdish Prasad Patel, S/o Kripal Ram Patel, aged about 40 years, working
as Teacher Panchayat, Govt. Middle School, Temri, Block Kasdole, District
Baloda Bazar- Bhatapara CG State.
3. Mahendra Kumar Sharma, S/o Shri Shankar Prasad Sharma, aged about
30 years, Teacher Panchayat, Govt. Middle School Mohtara (H), Block
Kasdole, Distt Baloda Bazar- Bhatapara CG State.
4. Parmeshwar Prasad Khare S/o Shri Bahgat Ram Khare, aged about 30
years, Teacher, Panchayt Govt. Middle School Mohtara (H), Block Kasdole,
District Baloda Bazar-Bhatapara CG State.
.... Appellants
Versus
1. State of Chhattisgarh, through Secretary Panchayat and Rural
Department, Mantralaya, P.S. Rakhi, Tahsil Aarang, Naya Raipur, Distt
Raipur CG State.
2. Chief Executive Officer, Zila Panchayat, Raipur, PS Raipur, District
Raipur CG State.
3. Chief Executive Officer, Janpad Panchayat, Baloda Bazar, PS Baloda
Bazar, Dist. Baloda Bazar- Bhatapara CG State.
4. District Education Officer, Baloda Bazar, Dist. Baloda Bazar CG State.
5. Block Education Officer, Baloda Bazar, PS Baloda Bazar, Dist. Baloda
Bazar- Bhatapara CG Stage.
... Respondents
WRIT APPEAL NO. 441 OF 2014
1. Laxminarayan Kashyap son of Suritram Kashyap, aged about 35 years,
working as Assistant Teacher Panchayat, Govt. Primary School Milpara,
Ghivra wrongly written Dhivra, Block Jaijaipur, Distt. Janjgir - Champa C.G.
2. Smt Sumitra Kashyap wife of Ramgopal Kashyap, aged about 29 years,
Assistant Teacher Panchayat, Govt. Primary School Milpara Ghivra wrongly
written Dhivra, Block Jaijaipur Dist. Janjgir-Champa CG
3. Ku. Urmila Dewangan D/o Dajaram Dewangan, aged about 32 years,
Assistant Teacher Panchayat, Govt. Primary School Milpara Ghivra wrongly
written Dhivra, Block Jaijaipur Dist. Janjgir-Champa CG
4. Pushpendra Tandon S/o Gokul Prasad Tandon, aged about 32 years,
Assistant Teacher Panchayat, Govt. Primary School Milpara Ghivra wrongly
written Dhivra, Block Jaijaipur, Dist. Janjgir-Champa CG.
5. Chaturbuj Kashyap S/o Bhukhan Lal Kashyap, aged about 43 years
Assistant Teacher Panchayat, Govt. Primary School Milpara Ghivra wrongly
written Dhivra, Block Jaijaipur, Dist. Janjgir-Champa CG
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6. Smt Sangeeta Kashyap W/o Jai Kumar Kashyap, aged about 32 years,
Assistant Teacher Panchayat, Govt. Primary School Ghivra wrongly written
Dhivra, Block Jaijaipur, Dist. Janjgir-Champa CG
7. Smt Ramba Kashyap W/o Laxminaraya Kashyap, aged about 29 years,
working as Assistant Teacher Panchayat, Govt. Primary School Ghivra
wrongly written Dhivra, Block Jaijaipur, Dist. Janjgir-Champa CG.
8. Vyas Narayan Kewat S/o Samaru Ram Kewat, aged about 39 years,
Assistant Teacher Panchayat, Govt. Primary School Bhatapara Domadih,
Block Jaijaipur, Dist. Janjgir-Champa CG.
9. Firtoo Ram Yadav S/o Mangloo Ram Yadav, aged about 40 years,
Assistant Teacher Panchayat, Govt. Primary School Domadih, Block
Jaijaipur, Dist. Janjgir-Champa CG.
10. Ramesh Kumar Shukla S/o Bodh Prasad Shukla, aged about 38 years,
working as Assistant Teacher Panchayat, Govt. Primary School Domadih,
Block Jaijaipur, Dist. Janjgir-Champa CG.
11. Krishna Kumar Kashyap S/o Chumuk Lal Kashyap, aged about 37 years,
Assistant Teacher Panchayat, Govt. Primary School Jamdi, Block Jaijaipur
Distt. Janjgir-Champa CG.
12. Smt Khageshwari Jangde W/o Manoj Kumar Jangde, aged about 37
Years, Assistant Teacher Panchayat, Govt. Primary School Jamdi, Block
Jaijaipur Dist. Janjgir-Champa CG.
13. Smt Jayanti Kashyap W/o Pitambar Kashyap, aged about 29 years,
Assistant Teacher Panchayat, Govt. Primary School Malda, Block Jaijaipur
Dist. Janjgir-Champa CG.
14. Mohan Lal Sidar S/o Baiju Ram Sidar, aged about 37 years, working as
Assistant Teacher Panchayat, Govt. Primary School Gudrukala, Block
Jaijaipur Dist. Janjgir-Champa CG.
15. Santosh Kumar Chandra S/o Panchram Chandra, aged about 34 years,
working as Assistant Teacher Panchayat, Govt. Primary School Jharap,
Block Jaijaipur Dist. Janjgir-Champa CG.
16. Raghvendra Tiwari S/o Ramdhan Tiwari, aged about 45 years, working
as Assistant Teacher Panchayat, Govt. Primary School Jharap, Block
Jaijaipur Dist. Janjgir-Champa CG.
17. Smt Vimla Kashyap W/o Prem Lal Kashyap, aged about 33 years,
working as Assistant Teacher Panchayat, Govt. Primary School Karhi, Block
Jaijaipur Dist. Janjgir-Champa CG.
18. Rameshwar Kashyap S/o Jagit Ram Kashyap, aged about 37 years,
working as Assistant Teacher Panchayat, Govt. Primary School Karhi, Block
Jaijaipur Dist. Janjgir-Champa CG.
19. Anand Ram Kurre S/o Dujeram Kurre, aged about 45 years, working as
Assistant Teacher Panchayat, Govt. Primary School Karhi, Block Jaijaipur
Dist. Janjgir-Champa CG.
20. Ghanshaym Jaiswal S/o Bhagirathi Jaiswal, aged about 37 years,
Assistant Teacher Panchayat, Janpad Primary School Devrimat wrongly
written Kikirda, Block Jaijaipur, Dist. Janjgir-Champa CG.
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21. Shyam Gopal Kashyap wrongly written Shyam Lal Kashyap, S/o Nanki
Ram Kashyap, aged about 50 years, working as Assistant Teacher
Panchayat, Govt. Primary School Kikirda, Block Jaijaipur Dist. Janjgir-
Champa CG.
22. Ramlal Shriwas son of Manbodhlal Shriwas, aged about 46 years,
working as Assistant Teacher Panchayat, Janpad Primary School Kikirda,
Block Jaijaipur, Dist. Janjgir-Champa CG.
23. Smt. Kunti Kumari Aditya W/o August Kumar Aditya, aged about 30
years, working as Assistant Teacher Panchayat, Govt. Primary School
Kikirda, Block Jaijaipur Dist. Janjgir-Champa CG.
24. August Kumar Aditya son of Aant Ram Aditya, aged about 33 years,
working as Assistant Teacher Panchayat, Govt. Primary School Kikirda,
Block Jaijaipur Dist. Janjgir-Champa CG.
25. Smt. Ram Dulari Kurre, wrongly written Dulari Kurre, wife of Shri
Kadbadan Prasad Kurre, aged about 29 years, working as Assistant Teacher
Panchayat, Govt. Primary School Devrimat Bhatapara, Block Jaijaipur Dist.
Janjgir-Champa CG.
.... Appellants
Versus
1. State of Chhattisgarh, through Secretary, Panchayat and Rural
Department, Mantralaya, P.S. Rakhi, Tahsil Aarang, Naya Raipur, District
Raipur CG.
2. Chief Executive Officer, Zila Panchayat, Janjgir-Champa, P.S. Janjgir,
District Janjgir-Champa CG.
3. Chief Executive Officer, Janpad Panchayat, P.S. Jaijaipur, District
Janjgir-Champa CG.
4. District Education Officer, Janjgir-Champa, District Janjgir-Champa CG.
5. Block Education Officer, Jaijaipur, P.S. Jaijaipur, District Janjgir-Champa
CG.
... Respondents
WRIT APPEAL NO. 442 OF 2014
1. Vishwanath Mandle son Bhikam Lal Mandle, working as Shikshak
Panchayat, aged about 38 years, Govt. Middle School Sisdeori, Block and
PS Palari, Distt Baloda Bazar CG.
2. Kishan Lal Banjare S/o Ramkhilawan Banjare, aged about 37 years,
Working As Shikshak Panchayat, Govt. Middle School, Sonardeori, Block &
PS Palari, Distt Balodabazar CG.
3. Dev Singh Painkra S/o Beerbal Painkra, Aged About 40 Years, Working
As Shikshak Panchayat, Govt. Middle School, Lachhanpur, Block & PS
Palari, Distt Balodabazar CG.
4. Domar Singh Dhruv S/o Khoman Singh Dhruv, Aged About 40 Years
Working As Shikshak Panchayat, Govt. Middle School Dhaurabhata, Block &
PS Palari, Distt Balodabazar CG.
5. Baldev Prasad Jaiswal S/o Nathu Ram Jaiswal, aged about 41 years,
working as Shikshak Panchayat, Govt. Middle School, Datrengi, Block & PS
Palari, Distt Balodabazar CG.
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6. Smt. Rukhmani Dhruv W/o Domar Singh Dhruv, aged about 37 years,
working as Asst. Shikshak Panchayat, Govt. Primary School, Dhaurabhata,
Bliock & PS Palari, Distt Balodabazar CG.
7. Ram Sagar Kashyap S/o Dalwat Prasad Kashyap, aged about 52 years,
working as Shikshak Panchayat, Govt. Middle School Sonardeori, Block &
PS Palari, Distt Balodabazar CG.
8. Hemant Teharvansh S/o Bisau Ram Teharvansh, aged about 41 Years,
working as Shikshak Panchayat, Govt. Middle School, Konari, Block & PS
Palari, Distt Balodabazar CG.
9. Dukhit Ram Dhruv S/o Luddhu Ram Dhruv, aged about 41 years, working
as Shikshak Panchayat, Govt. Middle School, Gabod, Block & PS Palari,
Distt Balodabazar CG.
10. Suresh Kumar Yadu S/o Dev Kumar Yadu, aged about 42 years, working
as Shikshak Panchayat, Govt. Middle School, Rasota, Block & PS Palari,
Distt Balodabazar CG.
11. Neelambar Prasad Dewangan S/o Tetku Ram Dewangan, aged about 40
years, working as Shikshak Panchayat, Govt. Middle School, Sonardeori,
Block & PS Palari, Distt Balodabazar CG.
12. Tilak Ram Verma S/o Moti Ram Verma, aged about 43 years, working as
Shikshak Panchayat, Govt. Middle School, Bhatapara, Block & PS Palari,
Distt Balodabazar CG.
13. Net Ram Giri S/o Patwari Giri, aged about 40 years, working as Shikshak
Panchayat, Govt. Middle School, Lachhanpur, Block & PS Palari, Distt
Balodabazar CG.
14. Thanu Ram Dhruv S/o Shyam Lal Dhruv, aged about 41 years, working
as Shikshak Panchayat, Govt. Middle School, Lachhanpur, Block & PS
Palari, Distt Balodabazar CG.
15. Domar Singh Dhruv S/o Brij Lal Dhruv, aged about 41 years, working as
Shikshak Panchayat, Govt. Middle School, Tilda, Block & PS Palari, Distt.
Balodabazar CG.
16. Smt. Pramila Ghritlahare, W/o Anand Ghritlahare, aged about 39 years,
working as Asst. Shikshak Panchayat, Govt. Primary School, Sonardeori,
Block & PS Palari, Distt Balodabazar CG.
.... Appellants
Versus
1. State of Chhattisgarh, through Secretary, Panchayat and Rural
Department, Mantralaya, P.S. Rakhi, Tahsil Aarang, Naya Raipur, District
Raipur CG.
2. Chief Executive Officer, Zila Panchayat, Raipur, P.S. Raipur, District
Raipur CG.
3. Chief Executive Officer, Janpad Panchayat, Palari, P.S. Palari, District
Baloda Bazar-Bhatapara CG.
4. Block Education Officer, Palari, P.S. Palari, District Baloda Bazar-
Bhatapara CG.
... Respondents
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WRIT APPEAL NO. 467 OF 2014
1. Budhdeshwar Prasad Sharma son of Dev Prasad, aged about 44 years,
Teacher (Panchayat), Govt. Middle School Karigaon, PS Malkharouda, Civil
& Revenue District Janjgir-Champa CG.
2. Ghanshyam Lal Chandra son of Sundar Lal Chandra, aged about 44
years, Teacher (Panchayat), Govt. Middle School Malkharouda, PS
Malkharouda, Civil & Revenue District Janjgir-Champa CG.
3. Bhojram Yadav son of Fadalu Yadav, aged about 45 years, Lecturer
(Panchayat), posted at Govt. Girls Hr. Secondary School Pota, PS
Mlkharouda, Civil & Revenue District Janjgir-Champa CG.
4. Narayan Sahu S/o Nandu Sahu, aged about 48 years, Teacher
(Panchayat), Govt. Middle School Nariyara, PS Malkharouda, Civil &
Revenue District Janjgir-Champa CG.
5. Santram Barman S/o Mangal Das Barman, aged about 47 years, Lecturer
(Panchayat), Govt. Higher Secondary School Malkharouda, PS Malkhaouda,
Civil & Revenue District Janjgir-Champa CG.
6. Shyam Sundar Sahu S/o Ghasiram Sahu, aged about 43 years, Teacher
(Panchayat), Govt. Middle School Nariyara, PS Nariyara, Civil & Revenue
District Janjir-Champa CG.
7. Netram Nirala S/o Ramulal Nirala, aged about 40 years, Teacher
(Panchayat), Govt. Middle School Bhimsen Chowk, Nariyara, PS
Malkharouda, Civil & Revenue District Janjgir-Champa CG.
8. Maya Ram Satranj S/o Resham Lal Satranj, aged about 48 years,
Assistant Teacher (Panchayat), Govt. Primary School Nagjhar, PS
Malkharouda, Civil & Revenue Distt Janjgir-Champa CG.
9. Dewari Lal Yadav S/o Bhakhalu Ram Yadav, aged about 47 years,
Assistant Teacher (Panchayat), Govt. Primary School Chikhali, PS
Malkharouda, Civil & Revenue Distt Janjgir-Champa CG.
10. Smt. Vimla Kosle W/o Rohit Kosle, aged about 41 years, Teacher
(Panchayat), Govt. Primary School Sipat Khurd, PS Malkharouda, Civil &
Revenue Distt Janjgir -Champa CG.
11. Shyam Lal Vishwakarma S/o Mangal Singh Vishwakarma, aged about 41
years, Assistant Teacher (Panchayat), Govt. Primary School Uraopara,
Adbhar, PS Malkharouda, Civil & Revenue Distt Janjgir-Champa CG.
12. Pitambar Kumar Gabel S/o Amar Singh Gabel, aged about 41 years,
Assistant Teacher (Panchayat), Govt. Primary School Pikaripar, PS
Malkharouda, Civil & Revenue Distt Janjgir-Champa CG.
13. Radheshyam Chandra S/o Dilchand Chandra, aged about 43 years,
Assistant Teacher (Panchayat), Govt. Primary School Mohandikala, PS
Malkharouda, Civil & Revenue Distt Janjgir-Champa CG.
14. Smt. Rampyari Jaiswal W/o Lakhan Lal Jaiswal, aged about 46 years,
Assistant Teacher (Panchayat), Govt. Primary School Wasin, PS
Malkharouda, Civil & Revenue Distt Janjgir-Champa CG.
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15. Jhangalu Ram Khute S/o Bhuru Ram Khute, aged about 44 years,
Assistant Teacher (Panchayat), Govt. Primary School Chhote Mudpar, PS
Malkharouda, Civil & Revenue Distt Janjgir-Champa CG.
16. Vishambhar Sahu S/o Sonau Ram Sahu, aged about 46 years, Assistant
Teacher (Panchayat), Govt. Primary School Marghatti Khas, PS
Malkharouda, Civil & Revenue Distt Janjgir-Champa CG.
17. Awadh Kishore Sidar S/o Bhodoram Sidar, aged about 39 years,
Assistant Teacher (Panchayat), Govt. Primary School Khemda, PS
Malkharouda, Civil & Revenue Distt Janjgir-Champa CG.
18. Makhan Sao Sahu S/o Chhatram Sahu, aged about 47 years, Assistant
Teacher (Panchayat), Govt. Primary School Ranpota, PS Malkharouda, Civil
& Revenue Distt. Janjgir Champa CG.
19. Uttam Kumar Chouhan S/o Lachchiram Chouhan, aged about 44 years
Assistant Teacher Panchayat, Govt. Primary School Shanti Chowk
Seepatkala, PS Malkharouda, Civil & Revenue Distt. Janjgir-Champa CG.
20. Shani Ram Bhardwaj S/o Raghunandan Bhardwaj, aged about 43 years,
Assistant Teacher (Panchayat) Govt. Primary School Badekot, P.S.
Malkharouda, Civil and Revenue District Janjgir-Champa CG.
21. Krishna Kumar Satranj, son of Bhururam Satranj, aged about 41 years,
Assistant Teacher (Panchayat), Govt. Primary School Kurdi, P.S.
Malkharauda, Civil and Revenue District Janjgir-Champa CG.
22. Ku. Ahilya Bharti, D/o Rohani Chand Bharti, aged about 42 years,
Assistant Teacher (Panchayat), Govt. Primary Schook Charpara, P.S.
Malkharauda, Civil and Revenue District Janjgir-Champa CG.
23. Gajendra Kumar Chandra son of Jankisharan Chandra, aged about 41
years, Assistant Teacher (Panchayat), Govt. Primary School Singhara Road
Mukta, P.S. Malkharauda, Civil and Revenue District Janjgir-Champa CG.
24. Dhaneshwar Prasad Sahu, son of Lukuram Sahu, aged about 38 years,
Assistant Teacher (Panchayat), Govt. Naveen Primary School Singhara, P.S.
Malkharauda, Civil and Revenue District Janjgir-Champa CG.
25. Chandram Banjare son of Ganesh Ram Banjare, aged about 44 years,
Assistant Teacher (Panchayat), Govt. Primary School Jhariyadeepa
Marghatti, P.S. Hasoud, Civil and Revenue District Janjgir-Champa CG.
26. Pawan Kumar Katakwar son of Dukalu Ram Katakwar, aged about 38
years, Assistant Teacher (Panchayat), Govt. Primary School Uraonpara
Adbhar, P.S. Malkharauda, Civil and Revenue District Janjgir-Champa CG.
27. Smt. Geeta Uraon wife of Keshav Prasad Uraon, aged about 39 years,
Assistant Teacher (Panchayat), Govt. Primary School Uraopara Adbhar, P.S.
Malkharauda, Civil and Revenue District Janjgir-Champa CG.
28. Shyam Lal Yadav son of Chheduram Yadav, aged about 40 years,
Assistant Teacher (Panchayat), Govt. Primary School Bhimsen Chowk
Nariyara, P.S. Malkharauda, Civil and Revenue District Janjgir-Champa CG.
29. Smt. Rajeshwari Nirana, wife of Chatur Das Nirala, aged about 42 years,
Assistant Teacher (Panchayat), Govt. Primary School Jhariyadeepa
Marghatti, P.S. Malkharauda, Civil and Revenue District Janjgir-Champa CG.
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30. Premlal Verma son of Sammelal Verma, aged about 41 years,
Assistant Teacher (Panchayat), Govt. Girls Middle School, Adbhar, P.S.
Malkharauda, Civil and Revenue District Janjgir-Champa CG.
31. Rajendra Jaltare son of Shiv Prasad Jaltare, aged about 42 years,
Assistant Teacher (Panchayat), Govt. Primary School Jorwapara Adbhar,
P.S. Malkharouda, Civil and Revenue District Janjgir-Champa CG.
32. Chandrabhan Singh Netam son of Pratap Singh Netam, aged about
45 years, Assistant Teacher (Panchayat), Govt. Primary School Jorwapara
Adbhar, P.S. Malkharauda, Civil and Revenue District Janjgir-Champa CG.
33. Dhananjay Kumar Gabel son of Gajanand Prasad Gabel, aged about
42 years, Assistant Teacher (Panchayat), Govt. Primary School
Bandhwapara Bandora, P.S. Malkharauda, Civil and Revenue District
Janjgir-Champa CG.
34. Jagmohan Singh Shyam son of Ramdayal Shyam, aged about 47
years, Assistant Teacher (Panchayat), Govt. Middle School Bokrel, P.S.
Malkharouda, Civil and Revenue District Janjgir-Champa CG.
35. Shyam Lal Katakwar son of Daduram Katakwar, aged about 41 years,
Assistant Teacher (Panchayat), Govt. Primary School Hardi, P.S.
Malkharauda, Civil and Revenue District Janjgir-Champa CG.
36. Shyam Lal Yadav son of Panchram Yadav, aged about 47 years,
Assistant Teacher (Panchayat), Govt. Primary School Bus Stand Adbhar,
P.S. Malkharauda, Civil and Revenue District Janjgir-Champa CG.
37. Smt. Raj Kumar Gabhel, wife of Ajit Kumar Gabhel, aged about 46
years, Assistant Teacher (Panchayat), Govt. Primary School Darrabhata,
P.S. Malkharauda, Civil and Revenue District Janjgir-Champa CG.
38. Gokul Prasad Sinha, son of Babulal Sinha, aged about 42 years,
Assistant Teacher (Panchayat), Govt. Primary School Sukalipali, P.S.
Malkharauda, Civil and Revenue District Janjgir-Champa CG.
39. Chhotelal Bhardwaj son of Tekram Bhardwaj, aged about 46 years,
Assistant Teacher (Panchayat), Govt. Primary School Parsadih, P.S.
Malkharauda, Civil and Revenue District Janjgir-Champa CG.
40. Thanduram Miri, son of Bhola Ram Miri, aged about 42 years,
Assistant Teacher (Panchayat), Govt. Primary School Badekot, P.S.
Malkharauda, Civil and Revenue District Janjgir-Champa CG.
.... Appellants
Versus
1. The State of Chhattisgarh, through the Secretary, Panchayat and
Rural Department, Mahanadi Bhawan, Mantralaya, New Raipur (C.G.)
2. Chief Executive Officer, Zila Panchayat, Janjgir-Champa, District
Janjgir-Champa CG.
3. Chief Executive Officer, Janpad Panchayat, Malkharouda, Civil and
Revenue District Janjgir-Champa CG.
4. Block Education Officer, Malkharouda, District Janjgir-Champa CG.
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5. Chhotelal Lahares son of Raghuram Lahare, aged about 34 years,
Lecturer (Panchayat), posted at Govt. High School Chhapora, P.S.
Malkharouda, Civil and Revenue District Janjgir-Champa (CG).
6. Hemendra Nath Sahu son of Bhagat Ram Sahu, aged about 49 years,
Lecturer (Panchayat), posted at Govt. High School Chhapora, P.S.
Malkharouda, Civil and Revenue District Janjgir-Champa (CG).
7. Smt. Rajeshwari Chandra wife of Koushal Prasad Chandra, aged
about 42 years, Lecturer (Panchayat), Govt. Girls High Secondary School
Pota, P.S. Malkharouda, Civil and Revenue District Janjgir-Champa (CG).
8. Chhabi Lal Divya, son of Sukdev Divya, aged about 46 years, Lecturer
(Panchayat), Govt. Higher Secondary School Pota, P.S. Malkharouda, Civil
and Revenue District Janjgir-Champa (CG).
9. Subhash Singh Paikara, son of Suklal Paikara, aged about 46 years,
Lecturer (Panchayat), Govt. Higher Secondary School Adbhar, P.S.
Malkharouda, Civil and Revenue District Janjgir-Champa (CG).
10. Balaram Dinkar son of Johit Ram Dinkar, aged about 46 years,
Lecturer (Panchayat), Govt. Higher Secondary School Malkharouda, P.S.
Malkharouda, Civil and Revenue District Janjgir-Champa (CG).
12. Smt. Sudha Tiwari wife of Manoj Tiwari, aged about 31 years, Lecturer
(Panchayat), Govt. Middle School Sakarra, P.S. Malkharouda, Civil and
Revenue District Janjgir-Champa (CG).
13. Har Singh Raj, son of Bir Singh Raj, aged about 37 years, Lecturer
(Panchayat), Govt. Middle School Bhedikona, P.S. Malkharouda, Civil and
Revenue District Janjgir-Champa (CG).
14. Firan Bareth son of Chhattulal Bareth, aged about 43 years, Lecturer
(Panchayat), Govt. Middle School Katari, P.S. Malkharouda, Civil and
Revenue District Janjgir-Champa (CG).
15. Murli Katakwar son of Ramlal Katakwar, aged about 45 years,
Lecturer (Panchayat), Govt. Middle School Sakarra, P.S. Malkharouda, Civil
and Revenue District Janjgir-Champa (CG).
16. Hawal Yadav son of Bhakulal Yadav, aged about 43 years, Lecturer
(Panchayat), Govt. Middle School Sakarra, P.S. Malkharouda, Civil and
Revenue District Janjgir-Champa (CG).
17. Smt. Shakuntala Ijardar, wife of Rajulal Ijardar, aged about 44 years,
Lecturer (Panchayat), Govt. Middle School Bhadora, P.S. Malkharouda, Civil
and Revenue District Janjgir-Champa (CG).
18. Ram Kumar Kurmi, son of Dharam Singh Kurmi, aged about 44 years,
Lecturer (Panchayat), Govt. Middle School Bhadora, P.S. Malkharouda, Civil
and Revenue District Janjgir-Champa (CG).
19. Gorelal Gabel son of Santram Gabel, aged about 41 years, Lecturer
(Panchayat), Govt. Middle School Sakarra, P.S. Malkharouda, Civil and
Revenue District Janjgir-Champa (CG).
20. Pushpendra Singh Sidar son of Sher Singh Sidar, aged about 41
years, Teacher (Panchayat), Govt. Middle School Kalami, P.S. Malkharouda,
Civil and Revenue District Janjgir-Champa (CG).
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21. Raj Kumar Sidar son of Manohar Singh Sidar, aged about 44 years,
Teacher (Panchayat), Govt. Middle School Kalami, P.S. Malkharouda, Civil
and Revenue District Janjgir-Champa (CG).
22. Jitesh Kumar Gabel son of Natghulal Gabel, aged about 44 years,
Teacher (Panchayat), Govt. Middle School Kalami, P.S. Malkharouda, Civil
and Revenue District Janjgir-Champa (CG).
23. Premlal Katakwar son of Dalganjan Katakwar, aged about 47 years,
Teacher (Panchayat), Govt. Middle School Bademudpar, P.S. Malkharouda,
Civil and Revenue District Janjgir-Champa (CG).
24. Laxmi Prasad Sidar son of Arti Ram Sidar, aged about 43 years,
Teacher (Panchayat), Govt. Middle School Chatipali, P.S. Malkharouda, Civil
and Revenue District Janjgir-Champa (CG).
25. Jagdish Banjare son of Kheduram Banjare, aged about 48 years,
Teacher (Panchayat), Govt. Middle School Chatipali, P.S. Malkharouda, Civil
and Revenue District Janjgir-Champa (CG).
26. Awadh Sidar son of Chheduram Sidar, aged about 45 years, Teacher
(Panchayat), Govt. Middle School Sapiya, P.S. Dabhara, Civil and Revenue
District Janjgir-Champa (CG).
27. Pradeep Kumar Verma son of Manoj Verma, aged about 31 years,
Teacher (Panchayat), Govt. Middle School Chhotekot, P.S. Malkharouda,
Civil and Revenue District Janjgir-Champa (CG).
28. Shyamlal Chandra son of Dilchand Chandra, aged about 45 years,
Teacher (Panchayat), Govt. Middle School Ameradih, P.S. Malkharouda,
Civil and Revenue District Janjgir-Champa (CG).
29. Ashok Khunte, son of Tilakram Khunte, aged about 44 years,
Assistant Teacher (Panchayat), Govt. Primary School Pirda, P.S.
Malkharouda, Civil and Revenue District Janjgir-Champa (CG).
30. Smt. Gyaneshwari Chandra son of Nandkumar Chandra, aged about
39 years, Assistant Teacher (Panchayat), Govt. Primary School Katari, P.S.
Malkharouda, Civil and Revenue District Janjgir-Champa (CG).
31. Pawam Kumar Chandra son of Damodar Prasad Chandra, aged about
50 years, Assistant Teacher (Panchayat), Govt. Primary School Birbhata,
P.S. Malkharouda, Civil and Revenue District Janjgir-Champa (CG).
32. Ramshankar Singh Sidar son of Manghalu Ram Sidar, aged about 39
years, Assistant Teacher (Panchayat), Govt. Primary School Mahuldih, P.S.
Malkharouda, Civil and Revenue District Janjgir-Champa (CG).
33. Smt. Rampyari Sahu, wife of Bhuneshwar Sahu, aged about 39 years,
Assistant Teacher (Panchayat), Govt. Primary School Ancharitpali, P.S.
Malkharouda, Civil and Revenue District Janjgir-Champa (CG).
34. Smt. Suvas Sidar wife of Jeevan Lal Sidar, aged about 32 years,
Assistant Teacher (Panchayat), Govt. Primary School Katari, P.S.
Malkharouda, Civil and Revenue District Janjgir-Champa (CG).
35. Ram Kumar Yadav son of Dhanaru Ram Yadav, aged about 42 years,
Assistant Teacher (Panchayat), Govt. Girls Middle School, Adbhar, P.S.
Malkharouda, Civil and Revenue District Janjgir-Champa (CG).
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36. Uttara Kumar Maravi son of Lakhan Singh Maravi, aged about 41
years, Teacher (Panchayat), Govt. Middle School Faguram, P.S.
Malkharouda, Civil and Revenue District Janjgir-Champa (CG).
37. Smt. Pramila Marabi, wife of Uttara Kumar Marabi, aged about 37
years, Teacher (Panchayat), Govt. Primary School Faguram, P.S.
Malkharouda, Civil and Revenue District Janjgir-Champa (CG).
38. Smt. Anita Porte, wife of Bhavsagar Porte, aged about 38 years,
Teacher (Panchayat), Govt. Middle School Faguram, P.S. Malkharouda, Civil
and Revenue District Janjgir-Champa (CG).
39. Fekulal Dewangan, son of Ghunaru Ram Dewangan, aged about 42
years, Teacher (Panchayat), Govt. Middle School Andi, P.S. Malkharouda,
Civil and Revenue District Janjgir-Champa (CG).
40. Ram Gopal Uraon son of Daras Ram Uraon, aged about 39 years,
Assistant Teacher (Panchayat), Govt. Primary School Karigaon, P.S.
Malkharouda, Civil and Revenue District Janjgir-Champa (CG).
41. Smt. Abha Uraon, wife of Ram Gopal Uraon, aged about 34 years,
Teacher (Panchayat), Govt. Middle School Bandora, P.S. Malkharouda, Civil
and Revenue District Janjgir-Champa (CG).
42. Kundan Lal Dewangan, son of Laxman Prasad Dewangan, aged about
44 years, Assistant Teacher (Panchayat), Govt. Primary School
Bandhwapara Bandora, P.S. Malkharouda, Civil and Revenue District
Janjgir-Champa (CG).
43. Ishwar Prasad Jaltare, son of Babulal Jaltare, aged about 46 years,
Assistant Teacher (Panchayat), Govt. Primary School Bhandwapara
Bandora, P.S. Malkharouda, Civil and Revenue District Janjgir-Champa
(CG).
44. Rupendra Kumar Dewangan, son of Bisahu Ram Dewangan, aged
about 42 years, Teacher (Panchayat), Govt. Middle School Pota, P.S.
Malkharouda, Civil and Revenue District Janjgir-Champa (CG).
45. Karimullah Khan son of Rafique Ullakhan, aged about 38 years,
Teacher (Panchayat), Govt. Middle School Karigaon, P.S. Malkharouda, Civil
and Revenue District Janjgir-Champa (CG).
46. Smt. Shashikala Uraon, wife of Anup Kumar Uraon, aged about 32
years, Assistant Teacher (Panchayat), Govt. Primary School Dhimani, P.S.
Malkharouda, Civil and Revenue District Janjgir-Champa (CG).
47. Ganpat Ram Sidar, son of Heera Lal Sidar, aged about 41 years,
Teacher (Panchayat), Govt. Primary School Degaon, P.S. Malkharouda, Civil
and Revenue District Janjgir-Champa (CG).
48. Atma Ram Sidar, son of Horilal Sidar, aged about 41 years, Teacher
(Panchayat), Govt. Middle School Ghoghari, P.S. Malkharouda, Civil and
Revenue District Janjgir-Champa (CG).
49. Fulsai Gabel son of Garib Das Gabel, aged about 39 years, Assistant
Teacher (Panchayat), Govt. Middle School Karigaon, P.S. Malkharouda, Civil
and Revenue District Janjgir-Champa (CG).
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50. Khemram Mirendra son of Daras Ram Mirendra, aged about 46 years,
Teacher (Panchayat), Govt. Middle School Kanaidih, P.S. Malkharouda, Civil
and Revenue District Janjgir-Champa (CG).
51. Ganpat Singh Marabi son of Awadh Ram Marabi, aged about 38
years, Teacher (Panchayat), Govt. Middle School Ameradih, P.S.
Malkharouda, Civil and Revenue District Janjgir-Champa (CG).
52. Shobhnath Singh Raj son of Manghalu Ram Sidar, aged about 40
years, Teacher (Panchayat), Govt. Middle School Ameradih, P.S.
Malkharouda, Civil and Revenue District Janjgir-Champa (CG).
53. Smt. Fuleshwari Yadav wife of Siya Ram Yadav, aged about 42 years,
Teacher (Panchayat), Govt. Middle School Bundeli, P.S. Malkharouda, Civil
and Revenue District Janjgir-Champa (CG).
54. Smt. Ganga Devi Dewangan wife of Virendra Kumar, aged about 44
years, Teacher (Panchayat), Govt. Middle School Bundeli, P.S. Malkharouda,
Civil and Revenue District Janjgir-Champa (CG).
55. Ku. Kartik Kunwar Sidar wife of Budwa Ram Sidar, aged about 38
years, Teacher (Panchayat), Govt. Middle School Sakarra, P.S.
Malkharouda, Civil and Revenue District Janjgir-Champa (CG).
56. Smt. Anju Paikara, wife of Fuleshwar Singh Paikara, aged about 44
years, Teacher (Panchayat), Govt. Primary School Shanti Chowk, Seepat
Kala, P.S. Malkharouda, Civil and Revenue District Janjgir-Champa (CG).
57. Khemlal Kurre son of Banshi Lal Kurre, aged about 43 years, Assistant
Teacher (Panchayat), Govt. Primary School Barbhatapara, Jamgahan, P.S.
Malkharouda, Civil and Revenue District Janjgir-Champa (CG).
58. Dhruv Prasad Sahu son of Setu Ram Sahu, aged about 43 years,
Lecturer (Panchayat), Govt. Higher Secondary School Singhara, P.S.
Malkharouda, Civil and Revenue District Janjgir-Champa (CG).
59. Mansha Ram Sahu son of Chintamani Sahu, aged about 42 years,
Lecturer (Panchayat), Govt. Higher Secondary School Singhara, P.S.
Malkharouda, Civil and Revenue District Janjgir-Champa (CG).
60. Lalchand Chouhan son of Bharat Lal Chouhan, aged about 31 years,
Assistant Teacher (Panchayat), Govt. Primary School Bhadora, P.S.
Malkharouda, Civil and Revenue District Janjgir-Champa (CG).
61. Smt. Rita Dinesh wife of Chitrasen Dinesh, aged about 42 years,
Teacher (Panchayat), Govt. Middle School Charpara, P.S. Malkharouda, Civil
and Revenue District Janjgir-Champa (CG).
62. Smt. Janki Sahu wife of Ram Naresh Sahu, aged about 40 years,
Teacher (Panchayat), Govt. Middle School Singhara, P.S. Malkharouda, Civil
and Revenue District Janjgir-Champa (CG).
... Respondents
For the respective Appellants : Mr.K.R. Nair, Mr. G.R. Miri along
with Mr. Basant Kaiwartya and Mr.
K.P. Sahu, Advocates.
For Respondent/State : Shri U.N.S. Deo, Government
Advocate.
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HON'BLE SHRI NAVIN SINHA, CHIEF JUSTICE
HON'BLE SHRI JUSTICE P. SAM KOSHY
Judgement on Board
Per NAVIN SINHA, C.J.
05/05/2015
1. These Appeals primarily arise from a common order dated 26.9.2014 in Writ Petition No.106 of 2014 and analogous cases, following which separate Writ Petitions filed by the Appellants have been disposed in similar terms by separate orders dated 21.10.2014 and 31.10.2014.
2. The short question for consideration is whether Teacher (Panchayat) under notification dated 17.5.2013 were entitled to House Rent Allowance, Medical Allowance and Stagnation Allowance etc., or did the notification purport to grant them only Dearness Allowance.
3. Learned Counsel for the Appellants submitted that the notification dated 17.5.2013 did not contain any limitation on allowances but simply stated that Teachers (Panchayat) would be entitled to the same allowance as admissible to Government Teachers in the same pay-scale. Subsequently on 4.12.2014/22.1.2014 it was clarified that no other allowance except for Dearness Allowance was payable. In W.A. No.467 of 2014 further grievance has been raised that pursuant to the clarification issued subsequently, recovery is sought to be made of the other allowances apart from Dearness Allowance paid under the notification dated 17.5.2013.
4. Learned Counsel for the Appellants further submitted that the notification dated 17.5.2013 admitted of no ambiguity. There was no need or occasion for clarification. The other allowances were also rightly paid. The notification dated 17.5.2013 with regard to payment of allowances has not been cancelled or revoked till date. They are therefore entitled to be continued to be given the other allowances.
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5. Learned Counsel for the State opposing the Appeals submitted that the notification dated 17.5.2013 talked of allowance in terms of the pay- scale only and not any other allowances which may be given as additional benefit. Dearness Allowance alone forms part of the salary structure. If the Government intended to grant other allowances apart from Dearness Allowance, nothing prevented it from so providing it in the notification itself. Other allowances are not a matter of right but form part of service conditions. The Learned Single Judge has adequately discussed that it was for the Government to explain what was meant or not meant to be included or excluded in the notification dated 17.5.2013. There being fundamental differences between the qualification, method of Recruitment etc., of Teachers in Government Schools and Panchayat Teachers, the latter cannot be held automatically entitled to other allowances as admissible to Government Teachers unless any specific directions to that effect have been given.
6. We have considered the submissions and applied our mind to the discussion contained in paragraphs 38 to 42 of the judgement under Appeal including the aspect of financial implications of an order issued by the Government, the Government being the best judge to explain what was intended to be excluded or included. We find no reason to arrive at any different conclusion and hold that the notification dated 17.5.2013 only contemplated grant of Dearness Allowance admissible as part of the pay-scale. Any other allowance at par with Government Teachers, as urged, was required to be given by a separate and specific order only which is not the case presently.
7. We therefore find no merit in the Appeals. The Appeals are dismissed.
(Navin Sinha) (P. Sam Koshy) /sharad/ CHIEF JUSTICE JUDGE