Chattisgarh High Court
Smt. Urvashi Kashyap And Ors vs State Of Chhattisgarh And Ors on 6 October, 2021
Author: Sanjay K. Agrawal
Bench: Sanjay K. Agrawal
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
Writ Petition (S) No. 1654 of 2014
Smt. Surekha Sagar W/o Shri Yosef Basant Sagar,
Aged About 45 Years By Post Assistant Teacher
Panchayat At Present Posted At Govt. Primary
School At Bansula Block Basana Janpad Panchatay
Basana, P.S. And Tahsil Basana, Civil And
Revenue Distt. Mahasamund, Chhattisgarh.
Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary,
Department Of Panchayat And Rural Development,
New Mantralaya, Mahanadi Bhawan New Raipur
Distt. Raipur, Chhattisgarh.
2. The Chief Executive Officer Zila Panchayat
Mahasamund Distt. Mahasamund, Chhattisgarh.
3. The Chief Executive Officer Janpad Panchayat
Basna, Mahasamund Distt. Mahasamund,
Chhattisgarh.
4. Block Education Officer Basna, District :
Mahasamund, Chhattisgarh.
Respondents
Writ Petition (S) No. 1662 of 2014 Tankdhar Bariha S/o Shri Arachyuto Bariha Aged About 47 Years By Post Assistant Teacher Panchayat At Present Posted At Govt. Primary School At Akharabhata, Block Basana Janpad 2 Panchatay Basana, P.S. And Tahsil Basana, Civil And Revenue Distt. Mahasamund, Chhattisgarh.
Petitioner Versus
1. The State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, New Mantralaya, Mahanadi Bhawan New Raipur, Chhattisgarh
2. The Chief Executive Officer Zila Panchayat Mahasamund Distt. Mahasamund, Chhattisgarh
3. The Chief Executive Officer Janpad Panchayat Basna, Mahasamund Distt. Mahasamund, Chhattisgarh
4. Block Education Officer Basna Distt. Mahasamund, Chhattisgarh Respondents Writ Petition (S) No. 2084 of 2014 Shubha Ram Pandey S/o Late Shri Jivrakhan Pradhan Aged About 43 Years By Post Assistant Teacher Panchayat, At Present Posted At Govt. Primary School At Damakheda, Block Simga, Zila Panchayat Balodabazar, P.S. And Tahsil Balodabazar Bhatapara, Civil And Revenue Distt. Balodabazar Bhatapara, Chhattisgarh.
Petitioner Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, New Mantralaya, Mahanadi Bhawan New Raipur Distt. Raipur, Chhattisgarh.
2. The Chief Executive Officer Zila Panchayat, Raipur Distt Raipur, Chhattisgarh.
33. The Chief Executive Officer Janpad Panchayat, Simga, Distt. Balodabazar Bhatapara, Chhattisgarh.
4. Block Education Officer Simga, District :
BalodabazarBhathapara, Chhattisgarh.
Respondents Writ Petition (S) No. 2171 of 2014 Jeet Ram Sahu S/o Shri Gopal Prasad Sahu Aged About 46 Years Working As Lecturer Panchayat, Govt, Higher Secondary School, Parsadih, Bhilaigarh Block And P.S. Bhilaigarh, Distt. Baloda Bazar Bhatapara, Chhattisgarh.
Petitioner Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, New Mantralaya, Mahanadi Bhawan New Raipur Distt. Raipur, Chhattisgarh.
2. The Chief Executive Officer Zila Panchayat, Raipur , District : Raipur, Chhattisgarh.
3. The Chief Executive Officer Janpad Panchayat, Bilaigarh Distt. Balodabazar Bhatapara, Chhattisgarh.
4. Block Education Officer Block Bhilaigarh, P.S. Bhilaigarh Distt. Baloda Bazar Bhatapara, Chhattisgarh.
Respondents Writ Petition (S) No. 1658 of 2014 Kangaluram Bhoi S/o Shri Rameshwar Bhoi Aged About 45 Years By Post Assistant Teacher Panchayat At Present Posted At Govt. Primary 4 School At Karrabhouna, Block Basana Janpad Panchatay Basana, P.S. And Tahsil Basana, Civil And Revenue Distt. Mahasamund, Chhattisgarh.
Petitioner Versus
1. The State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, New Mantralaya, Mahanadi Bhawan New Raipur Distt. Raipur, Chhattisgarh
2. The Chief Executive Officer Zila Panchayat Mahasamund Distt. Mahasamund, Chhattisgarh
3. The Chief Executive Officer Janpad Panchayat Basna, Mahasamund Distt. Mahasamund, Chhattisgarh
4. Block Education Officer Basna Distt. Mahasamund, Chhattisgarh Respondents Writ Petition (S) No. 1668 of 2014 Chhanulal Dhru S/o Late Shri Mohanlal Dhru, Aged About 37 Years R/o By Post Assistant Teacher Panchayat At Present Posted At Govt. Primary School At Pahanda Aarang, P.S. And Tahsil Arang Civil And Revenue Distt Raipur, Chhattisgarh Petitioner Versus
1. The State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, New Mantralaya, Mahanadi Bhawan New Raipur Distt. Raipur, Chhattisgarh 5
2. The Chief Executive Officer Zila Panchayat, Raipur Distt Raipur, Chhattisgarh
3. The Chief Executive Officer, Janpad Panchayat, Arang Distt. Raipur, Chhattisgarh
4. Block Education Officer Arang Distt Raipur, Distt Raipur, Chhattisgarh Respondents Writ Petition (S) No. 1659 of 2014 Lalit Kumar Chowdhary S/o Lae Shri Gokul Prasad Chowdhary, Aged About 43 Years By Post Assistant Teacher Panchayat At Present Posted At Govt. Primary School At Dhaman Ghutkuri Block Basana Janpad Panchatay Basana, P.S. And Tahsil Basana, Civil And Revenue Distt. Mahasamund, Chhattisgarh Petitioner Versus
1. The State Of Chhattisgah Through The Secretary, Department Of Panchayat And Rural Development, New Mantralaya, Mahanadi Bhawan New Raipur Distt. Raipur, Chhattisgarh
2. The Chief Executive Officer Zila Panchayat Mahasamund Distt. Mahasamund, Chhattisgarh
3. The Chief Executive Officer Janpad Panchayat Basna, Mahasamund Distt. Mahasamund, Chhattisgarh
4. Block Education Officer Basna Distt. Mahasamund, Chhattisgarh Respondents Writ Petition (S) No. 1672 of 2014 6 Smt. Sunita Gendre W/o Shri Joharlal Yendre Aged About 37 Years R/o By Post Assistant Teacher Panchayat At Present Posted At Govt. Primary School At Tulsi, Aarang, P.S. And Tahsil Arang Civil And Revenue Distt Raipur, Chhattisgarh Petitioner Versus
1. The State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, New Mantralaya, Mahanadi Bhawan New Raipur Distt. Raipur, Chhattisgarh
2. The Chief Executive Officer Zila Panchayat, Raipur Distt Raipur, Chhattisgarh
3. The Chief Executive Officer, Janpad Panchayat, Arang Distt. Raipur, Chhattisgarh
4. Block Education Officer Arang Distt Raipur, Distt Raipur, Chhattisgarh Respondents Writ Petition (S) No. 1652 of 2014 Smt.Sukanti Sahu W/o Shrii Prakash Sahu Aged About 48 Years By Post Assistant Teacher Panchayat At Present Posted At Govt. Primary School At Salkhand, Block Basana Janpad Panchatay Basana, P.S. And Tahsil Basana, Civil And Revenue Distt. Mahasamund, Chhattisgarh Petitioner Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, New Mantralaya, Mahanadi Bhawan New Raipur Distt. Raipur, Chhattisgarh 7
2. The Chief Executive Officer Zila Panchayat Mahasamund Distt. Mahasamund, Chhattisgarh
3. The Chief Executive Officer Janpad Panchayat Basna, Mahasamund Distt. Mahasamund, Chhattisgarh
4. Block Education Officer Basna Distt. Mahasamund, Chhattisgarh Respondents Writ Petition (S) No. 2091 of 2014 Manrakhan Lal Dhruv S/o Shri Kartik Ram Dhruv Aged About 41 Years Assistant Teacher Panchayat, At Present Posted At Govt. Primary School At Tekari, Block Education Office Simga, Janpad Panchayat Simga, Zila Panchayat BalodabazarBhatapara, Ps Baloda Bazar Bhatapara, Civil And Revenue Distt Balodabazar Bhatapara, Chhattisgarh Petitioner Versus
1. State Of Chhattisgarh Through The Secretary/ Under Secretary, Department Of Panchayat And Rural Development, New Mantralaya, Mahanadi Bhawan, New Raipur, Distt Raipur, Chhattisgarh
2. The Chief Executive Officer Zila Panchayat, Raipur Distt Raipur, Chhattisgarh
3. The Chief Executive Officer Janpad Panchayat, Simga, Distt. Balodabazar Bhatapara, Chhattisgarh
4. Block Education Officer Simga, Distt. Balodabazar Bhatapara, Chhattisgarh Respondents 8 Writ Petition (S) No. 2081 of 2014 Jiwan Lal Verma S/o Shri Shyam Lal Verma Aged About 41 Years By Post Assistant Teacher Panchayat, At Present Posted At Govt. Primary School At Dongariya, Block Simga, Zila Panchayat Balodabazar, P.S. And Tahsil Balodabazar Bhatapara, Civil And Revenue Distt. Balodabazar Bhatapara, Chhattisgarh Petitioner Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, New Mantralaya, Mahanadi Bhawan New Raipur Distt. Raipur, Chhattisgarh
2. The Chief Executive Officer Zila Panchayat, Raipur Distt Raipur, Chhattisgarh
3. The Chief Executive Officer Janpad Panchayat, Simga, Distt. Balodabazar Bhatapara, Chhattisgarh
4. Block Education Officer Simga, Distt. Balodabazar Bhatapara, Chhattisgarh Respondents Writ Petition (S) No. 1673 of 2014 Santosh Kumar Verma S/o Shri Dukhuram Verma Aged About 42 Years R/o By Post Assistant Teacher Panchayat At Present Posted At Govt. Primary School At Dhourabhata, Kukrel Aarang, P.S. And Tahsil Arang Civil And Revenue Distt Raipur, Chhattisgarh Petitioner Versus 9
1. The State Of Chhattisgarh And Ors. S/o Through The Secretary, Department Of Panchayat And Rural Development, New Mantralaya, Mahanadi Bhawan New Raipur Distt. Raipur, Chhattisgarh
2. The Chief Executive Officer Zila Panchayat, Raipur Distt Raipur, Chhattisgarh
3. The Chief Executive Officer, Janpad Panchayat, Arang Distt. Raipur, Chhattisgarh
4. Block Education Officer Arang Distt Raipur, Distt Raipur, Chhattisgarh Respondents Writ Petition (S) No. 1653 of 2014 Shyam Kumar Kondh S/o Shri Basudev Kondh Aged About 43 Years By Post Assistant Teacher Panchayat, At Present Posted At Govt Primary School At Pargala, Block Basna, Janapad Panchayat, Basna, Ps And Tah Basna, Civil And Revenue Distt Mahasamund, Chhattisgarh Petitioner Versus
1. The State Of Chhattisgarh Throughthe Secretary/ Under Secretary, Department Of Panchayat And Rural Development, New Mantralaya, Mahanadi Bhawan, New Raipur, Distt Raipur, Chhattisgarh
2. The Chief Executive Officer, Zila Panchayat, Mahasamund, Distt Mahasamund, Chhattisgarh
3. The Chief Executive Officer, Janpad Panchayat, Basna, Distt Mahasamund, Chhattisgarh
4. Block Education Officer, Basna, Distt Mahasamund, Chhattisgarh Respondents 10 Writ Petition (S) No. 1663 of 2014 Parmanand Sao S/o Shri Bhavikhan Sao Aged About 43 Years By Post Assistant Teacher Panchayat, At Present Posted At Govt. Primary School At Dudhipali, Block Basna, Janpad Panchayat Basna, Ps And Tah Basna, Civil And Revenue Distt Mahasamund, Chhattisgarh Petitioner Versus
1. The State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, New Mantralaya, Mahanadi Bhawan, New Raipur, Distt Raipur, Chhattisgarh
2. The Chief Executive Officer, Zila Panchayat, Mahasamund, Distt Mahasamund, Chhattisgarh
3. The Chief Executive Officer, Janpad Panchayat, Basna, Distt Mahasamund, Chhattisgarh
4. Block Education Officer, Basna, Distt Mahasamund, Chhattisgarh Respondents Writ Petition (S) No. 1651 of 2014 Smt.Sweta Salma Kumar W/o Shri Roshan Kumar Aged About 37 Years By Post Assistant Teacher Panchayat At Present Posted At Govt. Primary School At Bhalupatera, Block Basana Janpad Panchatay Basana, P.S. And Tahsil Basana, Civil And Revenue Distt. Mahasamund, Chhattisgarh Petitioner Versus
1. State Of Chhattisgarh And Ors. S/o Through The Secretary, Department Of Panchayat And Rural Development, New Mantralaya, Mahanadi Bhawan New Raipur Distt. Raipur, Chhattisgarh 11
2. The Chief Executive Officer Zila Panchayat Mahasamund Distt. Mahasamund, Chhattisgarh
3. The Chief Executive Officer Janpad Panchayat Basna, Mahasamund Distt. Mahasamund, Chhattisgarh
4. Block Education Officer Basna Distt. Mahasamund, Chhattisgarh
- Respondents Writ Petition (S) No. 1661 of 2014 Top Singh Sidar S/o Shri Janak Ram Sidar Aged About 46 Years By Post Assistant Teacher Panchayat At Present Posted At Govt. Primary School At Habekanta Block Basana Janpad Panchatay Basana, P.S. And Tahsil Basana, Civil And Revenue Distt. Mahasamund, Chhattisgarh Petitioner Versus
1. The State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, New Mantralaya, Mahanadi Bhawan New Raipur Distt. Raipur, Chhattisgarh
2. The Chief Executive Officer Zila Panchayat Mahasamund Distt. Mahasamund, Chhattisgarh
3. The Chief Executive Officer Janpad Panchayat Basna, Mahasamund Distt. Mahasamund, Chhattisgarh
4. Block Education Officer Basna Distt. Mahasamund, Chhattisgarh Respondents Writ Petition (S) No. 1665 of 2014 Krishna Kumar Pandey S/o Shri Ramayan Pandey Aged About 45 Years By Post Assistant Teacher 12 Panchayat, At Present Posted At Govt Primary School At Bhartiyabhata, Block Basna, Janapad Panchayat, Basna, Ps And Tah Basna, Civil And Revenue Distt Mahasamund, Chhattisgarh Petitioner Versus
1. The State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development, New Mantralaya, Mahanadi Bhawan, New Raipur, Distt Raipur, Chhattisgarh
2. The Chief Executive Officer, Zila Panchayat, Mahasamund, Distt Mahasamund, Chhattisgarh
3. The Chief Executive Officer, Janpad Panchayat, Basna, Distt Mahasamund, Chhattisgarh
4. Block Education Officer, Basna, Distt Mahasamund, Chhattisgarh Respondents Writ Petition (S) No. 1675 of 2014 Jagdish Kumar Dhru S/o Shri Tiharuram Dhru, Aged About 39 Years R/o By Post Assistant Teacher Panchayat At Present Posted At Govt. Primary School At Kurud Kukrel Aarang, P.S. And Tahsil Arang Civil And Revenue Distt Raipur, Chhattisgarh Petitioner Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, New Mantralaya, Mahanadi Bhawan New Raipur Distt. Raipur, Chhattisgarh
2. The Chief Executive Officer Zila Panchayat, Raipur Distt Raipur, Chhattisgarh 13
3. The Chief Executive Officer, Janpad Panchayat, Arang Distt. Raipur, Chhattisgarh
4. Block Education Officer Arang Distt Raipur, Distt Raipur, Chhattisgarh Respondents Writ Petition (S) No. 1667 of 2014 Ashok Kumar Gilhare S/o Shri Premuram Gilhare, Aged About 38 Years R/o By Post Assistant Teacher Panchayat At Present Posted At Govt. Primary School At Kurud Kukrel Aarang, P.S. And Tahsil Arang Civil And Revenue Distt Raipur, Chhattisgarh Petitioner Versus
1. The State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, New Mantralaya, Mahanadi Bhawan New Raipur Distt. Raipur, Chhattisgarh
2. The Chief Executive Officer Zila Panchayat, Raipur Distt Raipur, Chhattisgarh
3. The Chief Executive Officer, Janpad Panchayat, Arang Distt. Raipur, Chhattisgarh
4. Block Education Officer Arang Distt Raipur, Distt Raipur, Chhattisgarh Respondents Writ Petition (S) No. 2085 of 2014 Ram Kumar Dhruv S/o Shri Bhagirathi Dhruv, Aged About 41 Years By Post Assistant Teacher Panchayat, At Present Posted At Govt. Primary School At Farhada, Block Simga, Zila Panchayat Balodabazar, P.S. And Tahsil Balodabazar 14 Bhatapara, Civil And Revenue Distt. Balodabazar Bhatapara, Chhattisgarh Petitioner Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, New Mantralaya, Mahanadi Bhawan New Raipur Distt. Raipur, Chhattisgarh
2. The Chief Executive Officer Zila Panchayat, Raipur Distt Raipur, Chhattisgarh
3. The Chief Executive Officer Janpad Panchayat, Simga, Distt. Balodabazar Bhatapara, Chhattisgarh
4. Block Education Officer Simga, Distt. Balodabazar Bhatapara, Chhattisgarh Respondents Writ Petition (S) No. 2173 of 2014 Heera Ram Kurre S/o Anand Ram Kurre Aged About 39 Years Working As Lecturer, Govt. Higher Secondary School, Pavni, Tah And Ps Bhilaigarh, Distt BalodabazarBhatapara, Chhattisgarh Petitioner Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mantralaya, Ps Rakhi, Tah Aarang, Naya Raipur, Distt Raipur, Chhattisgarh
2. Chief Executive Officer Zila Panchayat, Raipur, Ps City Kotwali, Distt Raipur, Chhattisgarh
3. Chief Executive Officer, Janpad Panchayat, Bhilaigarh, Ps Bhilaigarh, Distt Baloda Bazar Bhatapara, Chhattisgarh 15
4. Block Education Officer, Block Bhilaigarh, Ps Bhilaigarh, Distt Balodabazar Bhatapara, Chhattisgarh Respondents Writ Petition (S) No. 1664 of 2014 Balamani Nayak S/o Shri Badri Prasad Nayak Aged About 46 Years By Post Assistant Teacher Panchayat At Present Posted At Govt. Primary School At Boharpar, Block Basana Janpad Panchatay Basana, P.S. And Tahsil Basana, Civil And Revenue Distt. Mahasamund, Chhattisgarh Petitioner Versus
1. The State Of Chhattisgarh Zila Panchayat Mahasamund Distt. Mahasamund C.G.
2. The Chief Executive Officer Zila Panchayat Mahasamund Distt. Mahasamund, Chhattisgarh
3. The Chief Executive Officer Janpad Panchayat Basna, Mahasamund Distt. Mahasamund, Chhattisgarh
4. Block Education Officer Basna Distt. Mahasamund, Chhattisgarh Respondents Writ Petition (S) No. 2083 of 2014 Santosh Kumar Dhruv S/o Shri Jethuram Dhruv, Aged About 41 Years By Post Assistant Teacher Panchayat, At Present Posted At Govt. Primary School At Dhabadhih Sakul Rohra, Block Simga, Zila Panchayat Balodabazar, P.S. And Tahsil Balodabazar Bhatapara, Civil And Revenue Distt. Balodabazar Bhatapara, Chhattisgarh Petitioner 16 Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, New Mantralaya, Mahanadi Bhawan New Raipur Distt. Raipur, Chhattisgarh
2. The Chief Executive Officer Zila Panchayat, Raipur Distt Raipur, Chhattisgarh
3. The Chief Executive Officer Janpad Panchayat, Simga, Distt. Balodabazar Bhatapara, Chhattisgarh
4. Block Education Officer Simga, Distt. Balodabazar Bhatapara, Chhattisgarh Respondents Writ Petition (S) No. 2089 of 2014 Dinesh Kumar Anant S/o Late Shri Bhagbali Anant, Aged About 43 Years By Post Assistant Teacher Panchayat, At Present Posted At Govt. Primary School At Diggie, Block Simga, Zila Panchayat Balodabazar, P.S. And Tahsil Balodabazar Bhatapara, Civil And Revenue Distt. Balodabazar Bhatapara, Chhattisgarh Petitioner Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, New Mantralaya, Mahanadi Bhawan New Raipur Distt. Raipur, Chhattisgarh
2. The Chief Executive Officer Zila Panchayat, Raipur Distt Raipur, Chhattisgarh
3. The Chief Executive Officer Janpad Panchayat, Simga, Distt. Balodabazar Bhatapara, Chhattisgarh 17
4. Block Education Officer Simga, Distt. Balodabazar Bhatapara, Chhattisgarh Respondents Writ Petition (S) No. 1671 of 2014 Kamal Narayan Dhritlahre S/o Late Shri Chanduram Dhritlahre Aged About 37 Years R/o By Post Assistant Teacher Panchayat At Present Posted At Govt. Primary School At Kurud Kukrel Aarang, P.S. And Tahsil Arang Civil And Revenue Distt Raipur , Chhattisgarh Petitioner Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, New Mantralaya, Mahanadi Bhawan New Raipur Distt. Raipur, Chhattisgarh
2. The Chief Executive Officer Zila Panchayat, Raipur Distt Raipur, Chhattisgarh
3. The Chief Executive Officer, Janpad Panchayat, Arang Distt. Raipur, Chhattisgarh
4. Block Education Officer Arang Distt Raipur, Distt Raipur, Chhattisgarh Respondents Writ Petition (S) No. 3081 of 2014 Smt. Satyabhama Patel W/o Shri Akhil Kumar Patel Aged About 44 Years Posted As Assistant Teacher Panchayat, Govt. Primary School Kohka Dongargaon, Distt Rajnandgaon, Chhattisgarh Petitioner 18 Versus
1. State Of Chhattisgarh S/o Through The Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan, Mantralaya, New Raipur, Dist Raipur, Chhattisgarh
2. The Chief Executive Officer, Zila Panchayat, Rajnandgaon, Distt Rajnandgaon, Chhattisgarh
3. The Block Education Officer Dongargaon, Distt Rajnandgaon, Chhattisgarh
4. The Chief Executive Officer Janpad Panchayat, Dongargaon, Distt Rajnandgaon, Chhattisgarh Respondents Writ Petition (S) No. 3078 of 2014
1. Smt. Vibha Shende And Anr. W/o Shri Narendra Shende Aged About 45 Years Posted As Assistant Teacher Panchayat Govt. Primary School Khudmudi, P.S.Dongargaon, And, Distt. Rajnandgaon, Chhattisgarh
2. Smt. Shela Kathane W/o Shri Jitendra Kathane Aged About 30 Years Posted As Assistant Teacher Panchayat Govt. Primary School Khudmudi, P.S. Dongargarhand, Distt. Rajnandgaon, Chhattisgarh Petitioners Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, New Mantralaya, Mahanadi Bhawan New Raipur Distt. Raipur, Chhattisgarh
2. The Chief Executive Officer Zila Panchayat Rajnandgaon, Distt Rajnandgaon, Chhattisgarh
3. The Block Education Officer Dongargarh, Distt. Rajnandgaon, Chhattisgarh 19
4. The Chief Executive Officer Janpad Panchayat, Dongargarh, Distt. Rajnandgaon, Chhattisgarh Respondents Writ Petition (S) No. 2660 of 2014
1. Bhikhamchand PatreS/o Shri Hari Prasad Patre Aged About 45 Years Teacher Panchayat Shiksha Karmi Grade Ii Government Middle School Kalmidih, Village Mohtara Teli, Post Chandeli, Tahsil And P.S. Lormi, Distt. Mungeli, Chhattisgarh
2. Jawahar Singh Maravi S/o Shri Khudgu Singh Maravi Aged About 48 Years Teacher Panchayat Shiksha Karmi Grade Ii Government Middle School Tangipur Village Salhedabri, Tahsil And P.S. Kota Distt. Bilaspur, Chhattisgarh
3. Gharam Dhruv S/o Shri Shiv Prasad Dhruv, Aged About 47 Years Teacher Panchayat Shiksha Karmi Grade Ii Government Middle School Hatgaon, Village Lalpurkala Tahsil And P.S. Lormi, Distt. Mungeli, Chhattisgarh
4. Ramesh Jaiswal S/o Shri Bharat Lal Jaiswal Aged About 40 Years Teacher Panchayat Shiksha Karmi Grade Ii Government Middle School Lachhanpur, Village Mohtarateli, Post Chandeli, Tahsil And P.S. Lormi, Distt. Mungeli, Chhattisgarh
5. Manohar Singh Dhruv S/o Shri Jahan Singh Dhurv Aged About 44 Years Teacher Panchayat Shiksha Karmi Grade Ii Government Middle School Teliyapuran, Village Rabeli, Post Vijaypur, Tahsil And P.S. Lormi Distt. Mungeli, Chhattisgarh 20
6. Pradeep Singh Dhruw S/o Shri Jagat Ram Dhruv Aged About 40 Years Teacher Panchayat Shiksha Karmi Grade Ii Government Middle School Khektara, Rabeli, Village Dadankapa Post Semarsal, Tahsil P.S. Lormi Distt. Mungeli, Chhattisgarh
7. Radhe Shyam Sahu S/o Shri Shankar Lal Sahu Aged About 45 Years Teacher Panchayat Shiksha Karmi Grade Ii Government Middle School Khektara Rabeli, Village Masna, Post Kotri, Tahsil And P.S. Lormi, Distt. Mungeli, Chhattisgarh Petitioners Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, New Mantralaya, Mahanadi Bhawan New Raipur Distt. Raipur, Chhattisgarh
2. The Collector Mungeli, District : Mungeli, Chhattisgarh
3. The Chief Executive Officer Janpad Panchayat Lormi Distt. Mungeli, Chhattisgarh
4. Block Education Officer Mungeli, Dist Mungeli, Chhattisgarh Respondents Writ Petition (S) No. 2662 of 2014
1. Smt. Urvashi Kashyap W/o Shri Tankeshwar Prasad Aged About 38 Years Assistant Teacher Govt. Primary School, Rabeli, R/o Village Kotri, Post And Ps Lormi, Tah Lormi, Distt Mungeli, Chhattisgarh 21
2. Smt. Chandra Kumari W/o Shri Fatteram Kashyap Aged About 46 Years Assistant Teacher Panchayat Govt. Primary School Masni, R/o Village Masni, Post Kotari, Ps And Tah Lormi, Distt Mungeli, Chhattisgarh
3. Smt. Deepa Baghel W/o Shri Chandrasekhar Baghel Aged About 38 Years Assistant Teacher Panchayat Govt Primary School Bhatapara, R/o In Front Of Chetan Dharamkanta, Shamchepur, Ward No. 15, Lormi, Ps And Tah Lormi, Distt Mungeli, Chhattisgarh
4. Surendra Kumar Kashyap S/o Baldau Ram Kashyap Aged About 44 Years Assistant Teacher Panchayat, Govt. Primary School Kumhrauli, R/o Village Urakpur Post Kotari, Ps And Tah Lormi, Distt Mungeli, Chhattisgarh
5. Nand Kumar Kashyap S/o Murli Prasad Kashyap Aged About 32 Years Assistant Teacher Panchayat, Govt. Primary School Navrangpur, R/o Village Paijaniya Post Kotari, Ps And Tah Lormi, Distt Mungeli, Chhattisgarh
6. Rajendra Kumar Kolam S/o Chhedilal Kolam Aged About 37 Years Assistant Teacher Panchayat, Govt. Primary School Chhechandih, R/o Village Mohband Post Navadih, Ps And Tah Lormi, Distt Mungeli, Chhattisgarh
7. Hari Prasad Gaikwad S/o Ramsukh Gaikwad Aged About 42 Years Assistant Teacher Panchayat Govt. Primary School Pendritalab, R/o Village Pendritalab, Post Kotari, Ps And Tah Lormi, Distt Mungeli, Chhattisgarh
8. Anuj Singh Dhruv S/o Milauram Dhruv Aged About 36 Years Assistant Teacher Panchayat Govt.
22Primary School Jalda, R/o Village Akhrah Post Akhrah, Ps And Tah Lormi, Distt Mungeli, Chhattisgarh
9. Sushil Kumar Yadav S/o Budhelal Yadav Aged About 33 Years Assistant Teacher Panchayat, Govt. Primary School Bandhi, R/o Village Paijaniya, Post Kotari, Ps And Tah Lormi, Distt Munglei, Chhattisgarh
10. Jagat Signh Dhruv S/o Budheram Dhruv Aged About 42 Years Assistant Teacher Panchayat Govt. Primary School Narayanpru, R/o Village Hatgaon Psot Kotari, Ps And Tah Lormi, Dist Mungeli, Chhattisgarh
11. Janak Ram Maravi S/o Faguram Maravi Aged About 44 Years Assistant Teacher Panchayat Govt. Primary School Piparkhunta, R/o Village Hatgaon, Post Kotari, Ps And Tah Lormi, Dist Mungeli, Chhattisgarh Petitioner Versus
1. State Of Chhattisgarh Thorugh Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Mantralaya, New Raipur, Dist Raipur, Chhattisgarh
2. The Collector Mungeli, Dist Mungeli, Chhattisgarh
3. The Chief Executive Officer Janpad Panchayat Lormi Distt. Mungeli, Chhattisgarh
4. Block Education Officer Mungeli, Dist Mungeli, Chhattisgarh Respondents 23 Writ Petition (S) No. 6799 of 2014 Anup Kurre S/o Tehngu Ram Kurre Aged About 40 Years R/o Baila Bazar Para, Janpad Panchayat Tokapal, Tah Jagdalpur District Bastar C.G. Civil And Revenue Distirct Bastar C.G. , Chhattisgarh Petitioner Versus
1. State Of Chhattisgarh Through The Principal Secretary, Panchayat And Gramin Vikash Vibhag, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur Distt. Raipur, Chhattisgarh
2. The Under Secretary Govt. Of Chhattisgarh Panchayat And Gramin Vikas Vibhag Mahanadi Bhavan Mantralaya Capital Complex New Raipur District Raipur, Chhattisgarh
3. The Collector Rible Welfare Jagdalpur, District Bastar, Chhattisgarh
4. Zila Panchayat Bastar Through Its Chief Executive Officer Zila Panchayat District Bastar, Chhattisgarh
5. Janpad Panchayat Tokapal Through Its Chief Executive Officer Janapd Panchayat Tokapal District Bastar, Chhattisgarh Respondents For Petitioners : Mr. J.A. Lohani, Mr. C. Jayant K. Rao, Mr. Gaurav Singhal, Mr. Avinash N. Mishra and Mr. Keshav Dewangan, Advocates For Respondent No. 1/State : Mr. Siddharth Dubey, Deputy Government Advocate 24 For Respondents No. 2 and 3 in WPS Nos. 1654/2014, 1662/2014, 2171/2014, 1659/2014, 1652/2014, 1653/2014, 1663/2014, 1651/2014, 1661/2014, 1665/2014 & 1667/2014 : Mr. Rahul Tamaskar, Advocate For Respondent No. 3 in WPS Nos. 1672/2014, 1673/2014, 1675/2014 & 1667/2014 : Mr. Vaibhav A. Goverdhan, Advocate For Respondent No. 4 in WPS No. 3078/2014 : Mr. Prasun Kumar Bhaduri, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 06/10/2021
1. Since common question of law and fact is involved in all these writ petitions, they have been heard together and are being decided by this common order.
2. Petitioners, who have been working as 'Assistant Teacher(Panchayat)', seek to challenge the Circular dated 22/01/2014 (Annexure P/1) claiming the benefit of revised payscale equivalent to Government Teachers granted to them by order dated 17/05/2013.
3. At the outset, Mr. J.A. Lohani, learned counsel for the petitioners, would submit that the validity of Circular dated 22/01/2014 was challenged in WPS No. 106/2014 (Marisha 25 Shrivastava v. State of Chhatisgarh) which was decided by this Court on 26/09/2014. The order passed in the case of Marisha Shrivastava has been partly set aside in Writ Appeal No. 32/2015 (Dinesh Kumar Dewangan v. State of Chhattisgarh) decided on 09/12/2015 and the matter was remitted to the Secretary, Panchayat and Rural Department to pass a reasoned and speaking order in accordance with law.
Thereafter, the State Government has passed the order dated 23/04/2016 which was further challenged in WPS No. 1543/2018 (Dev Kumar Kashyap v. State of Chhattisgarh) decided on 21/02/2018 wherein it has been held by this Court that the petitioner shall be entitled to obtain the benefit of revised payscale on completion of 8 years service by including the services rendered by them on a lower post or on the same post. As such, the petitioners herein are also entitled for the same benefit as in Dev Kumar Kashyap (supra).
4. Learned counsel for the respondents would not dispute that the validity of Circular dated 22/01/2014 was challenged in Marisha Shrivastava (supra) and the order passed 26 therein was partly set aside in Dinesh Kumar Dewangan (supra) and the matter was remitted to the Secretary, Panchayat and Rural Department and thereafter, the order dated 23/04/2016 passed by the State Government has further been set aside in Dev Kumar Kashyap (supra).
5. I have heard learned counsel for the parties at length and perused the records.
6. In the matter of Marisha Shrivastava (supra), the validity of Circular dated 22/01/2014 was questioned wherein the following directions were issued in paragraph 49 : "49. As a sequel, all the writ petitions, sans substratum, are liable to be and are hereby dismissed with the following conclusions :
Conclusions : Teacher (Panchayat) cadre initially appointed as Assistant Teacher (Panchayat), but later on joinded as Teacher (Panchayat) as a fresh recruitee are not entitled for counting their length of service on the lower post for the purpose of revision of pay scale pursuant to the order dated 1752013 read with the orders dated 4122013 & 2212014.
Teacher (Panchayat) cadre are only entitled for pay scale similar to the Government Teachers.
Teacher (Panchayat) cadre are entitled to Dearness Allowance only, they are not entitled for any other allowances like House Rent Allowance, Medical, Stagnation, etc. 27 The revision of pay scales of Teacher (Panchayat) cadre pursuant to the order dated 1752013 read with the orders dated 4122013 & 2212014 will be on the basis of the pay scale of the post held by them. Such revisions is not to be made on the basis of Kramonnati Vetanman or Samayman Vetanman. Recovery of excess amount paid to the Teacher (Panchayat) on account of wrong fixation of pay scale or wrong payment of allowances does not suffer from any infirmity. Challenge to the recovery of amount paid in excess is rejected. The respondent/Panchayat, Rural Development and Labour, Government of Chhattisgarh shall direct all the Zila Panchayats/Janpad Panchayats and Drawing & Disbursing Officers working therein to apply the Government instructions uniformly, as different application by giving different interpretation to the Government orders have generated confusion and discrepancy giving rise to unnecessary litigations and loss to the exchequer.
The State Government shall circulate copy of this order to all the Zila Panchayats & Janpad Panchayats for implementation.
Henceforth, if any monetary benefit will be paid to any Teacher (Panchayat) cadre, for which he is not entitled, the same shall be recoverable from the concerned Chief Executive Officer of the Zila Panchayat/Janpad Panchayat who has wrongly granted the benefit."
7. The aforesaid decision passed in Marisha Shrivastava (supra) was challenged by some of the petitioners in Dinesh Kumar Dewangan (supra) which was partly allowed on 09/12/2015 and the matter was remitted to the Secretary, Panchayat and Rural Department. In paragraphs 28 8, 9 and 10 of the order, it has been held as under : "8. No policy has been brought on record before us with regard to the status of the Appellants as on the date that the advertisements were published, they competed in the examination and were relieved to join their higher posts. The Respondents have not placed any materials on record with regard to the reasons for the decision to fix an eight year criteria and the justification for grant of higher pay scale, dearness allowance and increments on basis of the same which may or may not be relevant for the present controversy. If the Appellants were drawing a higher pay created by a subsequent decision of the Respondents prejudicially affecting the Appellants the Respondents are required to address the issue with regard to pay protection by removal of the anomaly. It is not an answer sustainable in law as contended by the Respondents that the Appellants will ultimately again start getting higher pay than their juniors and collegues after completion of eight years on the higher post and till then they must endure a lower pay.
9. We therefore consider it necessary to remand these matters to the Secretary, Panchayat and Rural Development Department to pass a reasoned and speaking order in accordance with law, and if the Appellants so request, grant them a representative hearing.
10. Let such appropriate fresh orders be passed within a maximum period of six months from the date of receipt and/or production of a copy of this order. The order under appeal to the extent that it concerns the present Appellants is set aside. The writ appeals are allowed with directions."
8. Thereafter, in compliance of the decision rendered by this Court in Dinesh Kumar 29 Dewangan (supra), the Secretary, Panchayat and Rural Department is said to have been passed the order dated 23/04/2016 which has been set aside by this Court in the matter of Dev Kumar Kashyap (supra) wherein it has been held as under : "17. For the forgoing, this Court is of the considered opinion that the impugned order dated 23.04.2016 runs contrary to the order passed by the Division Bench of this Court in Dinesh Kumar Dewangan (supra), therefore, it deserves to be and is hereby quashed. As a sequel, the writ petitions stands allowed. The petitioner shall be entitled to obtain the benefit of revised payscale on completion of 8 years service by including the services rendered by them on a lower post or on the same post."
9. In view of the aforesaid legal position as obtaining today, the petitioners are allowed to make representation to the Secretary, Panchayat and Rural Department within four weeks from today highlighting their grievance claiming the benefit of revised payscale as they claims to have completed eight years of service, which will be considered by the competent authority within a period of three months from the date of making the said representation by passing a reasoned and speaking order strictly in accordance with law. It is made clear that this 30 Court has not expressed any opinion on the merits of the matter.
10. With the aforesaid direction, this batch of writ petitions stands disposed of. No cost(s).
Sd/ (Sanjay K. Agrawal) Judge Harneet