Chattisgarh High Court
Heman Lal Soni & Ors vs State Of Chhattisgarh & Anr on 11 January, 2016
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 1949 of 2014
1. Smt. Lata Dewangan W/o Shri Munna Lal, Aged About 48 Years
Working As Headmasterss, Govt. Middle School, Mathapara, Block
Dhamtari R/o Amatalab Road, P.O. Ward, Dhamtari, Police Station,
Tahsil & District Dhamtari (C.G).
2. Rajendra Prasad S/o Shri Kanshi Ram Aged About 49 Years Working
As Upper Division Teacher Govt. Middle School Boys Bathena, Block
Dhamtari R/o Vivekanand Nagar Dhamtari, P.S. Tahsil & Distt. Dham-
tari C.G.
3. Ku. Subhadra Kashyap D/o Jhummuk Ram Aged About 49 Years
Working As Headmaster Govt. Middle School, Gangrel, Block - Dham-
tari, R/o Rambag, Dhamtari, P.S. Tah and Distt. Dhamtari C.G.
4. Chinta Ram Temunya S/o Shri Anand Ram Aged About 51 Years
Working As Lecturer, Govt. Hr. Secondary, School, Gurur, R/o Village
Dhokla, Post Mokha Gurur, P.S. Gurur, Tahsil & Distt. Dhamtari C.G.
5. Manharan Singh S/o Shri Awadh Ram Singh Aged About 51 Years
Lecturer, Govt. Hr. Secondary School, Bathena, Block Dhamtari ,r/o
Deendayal Puram Hatkeshwar Dhamtari P.S. Tahsil And Distt. Dham-
tari C.G.
---- Petitioners
Versus
1. State Of Chhattisgarh, Through The Secretary, Department Of Tribal
Welfare, Mantralaya Mahanadi Bhawan, New Raipur Distt. Raipur
(C.G.)
2. Assistant Commissioner, Tribal Welfare Department, Dhamtari, Distt.
Dhamtari (C.G.)
---- Respondents
And WPS No. 1954 of 2014
1. Heman Lal Soni S/o Shri Chunu Lal Aged About 59 Years Working As Headmaster, Govt. Middle School, Bathena, Block Dhamtari R/o Salhewar Para Bhagat Chowk Dhamtari P.S. Tahsil & And Distt. Dhamtari C.G.
2. Sanjay Kumar S/o Shri Sitaram Sahu Aged About 49 Years Wprking As Headmaster, Govt. Primary School, Nayapara Potidadih, Block - Dhamtari, R/o Jalampur, Dhamtari, P.S. Tahsil & Distt. Dhamtari C.G.
3. Dujram Sahu S/o Shri Tularam Sahu Aged About 49 Years Working As Headmaster, Govt. Primary School, Sindhourikala, Block - Kurud, 2 R/o Village Jhuranawagaon, P.S. Kurud, Tahsil & Distt. Dhamtari C.G.
4. Pawan Kumar Dhruv S/o Shri Ramji Dhruv Aged About 48 Years Working as Headmaster, Govt. Primary School, Shakarwara, Block - Dhamtari, R/o Village Bendranawagaon, Post- Rudri, P.S. Rudri Tah- sil & Distt. Dhamtari C.G.
5. Smt. Alka Gupta W/o Shri Anil Kumar Aged About 49 Years Working as Headmaster, Govt. Primary School, Block - Dhamtari, R/o Gokulpur, Dhamtari, P.S. Tahsil & Distt. Dhamtari C.G.
6. Smt. Chitrarekha Dewangan W/o Shri Ramdulare Aged About 50 Years Working As Upper Division Teacher, Govt. Middle School, Amdi, Block Dhamtari, R/o Village Post Amdi, P.S. Arjuni, Tahsil & Distt. Dhamtari C.G.
7. Ghasuram Gangber W/o Shri Ramratan Aged About 51 Years Work- ing As Headmaster, Unnan Middle School, Amdi, Block - Dhamtari, R/o Village & Post Amdi, Dhamtari, P.S. Arjuni, Tahsil & Distt. Dham- tari C.G.
8. Deepak Netam S/o Balduram Aged About 52 Years Working As Head- master, Govt. Primary School, Khartuli, Block - Dhamtari, R/o Village & Post Khartuli, Dhamtari, P.S. Tahsil & Distt. Dhamtari C.G.
9. Tiharuram Dhruv S/o Shri Firantaram Aged About 52 Years Working As Headmaster, Govt. Primary School, Gadadih, Block-Kurud, R/o Village Sirsida, Post Parkhanda, Dhamtari, P.S. Kurud Tahsil & Distt. Dhamtari C.G.
10. Sukhram Kalihari S/o Shri Palturam Aged About 55 Years Working As Upper Division Teacher, Govt. Girls Middle School Amdi Block - Dhamtari, R/o Village Devkot P.S. Kanwar, Tahsil & Distt. Balod C.G.
11.Gendram Yadav S/o Shri Gangaram Yadav Aged About 53 Years Working As Headmaster, Govt.Middle School Nawagaon, , Block - Dhamtari, R/o Village & Post Kandel Dhamtari, P.S. Aruni, Tahsil & Distt. Dhamtari C.G.
12. Heera Ram Sahu S/o Shri Manrakhan Ram Aged About 53 Years Working As Headmaster, Govt. Middle School Sindhourikala, , Block
- Kurud, R/o Village Mandroud, P.S. Kurud, Tahsil & Distt. Dhamtari C.G.
13. Pramod Das Manikpuri S/o Shri Mohardas Aged About 49 Years Working As Headmaster, Govt. Middle School Khaira, Block - Kurud R/o Village Bangar, Post Mandroud, P.S. Kurud, Tahsil & Distt. Dhamtari C.G.
14. Durga Prasad Yadav S/o Phool Singh Aged About 50 Years Working As Headmaster, Govt. Primary School Darrik, , Block - Dhamtari, R/o Kostapara Dhamtari, P.S. Tahsil & Distt. Dhamtari C.G.
15. Chandrahas Sahu S/o Shri Kartik Ram Aged About 51 Years Work- ing As Headmaster, Govt. Middle School Rawanguda, , Block -
3Dhamtari, R/o Village Piperchhedi, Post Bhothli P.S. Arjuni, Tahsil & Distt. Dhamtari C.G.
16. Sursen Dhruv S/o Shri Milap Ram Aged About 50 Years Working As Headmaster, Govt. Middle School Rawanguda, , Block - Dhamtari, R/o Village Bagdehi, Post Dahi Bhakhara, P.S. Kurud, Tahsil & Distt. Dhamtari C.G.
17. Kundan Singh Netam S/o Shri Ramdayal Aged About 51 Years Working As Headmaster, Govt. Primary School Balak, Block -Dham- tari R/o Village Gagra, Post Kandel, P.S. Arjuni Tahsil & Distt. Dham- tari C.G.
18. Chitrasen Sahu S/o Sukhchain Ram Working As Lecturer, Govt. High School, Maroud, Block - Kurud, R/o Village Ward, No. 8 Bhakhara P.S. Bhakhara, Tahsil & Distt. Dhamtari C.G.
19. Ishwar Prasad Sahu S/o Sukhchain Ram Working As Upper Division Teacher, Govt. Middle School Behndarwani, , Block - Kurud, R/o Vil- lage Bhatheli, Post Bhakhara, P.S. Bhakhara, Tahsil & Distt. Kabird- ham C.G.
20. Bhagwat Ram Sahu S/o Mehattar Ram Aged About 51 Years Work- ing As Headmaster, Govt. Primary School Mongra, , Block - Kurud, R/o Village & Post Korra, P.S. Bhakhara, Tahsil & Distt. Kabirdham C.G.
21. Ghanshyam Patel S/o Shri Nathuram Aged About 50 Years Working As Upper Division Teacher Govt. Middle School, Loharshi Block - Dhamtari, R/o Village & Post Amdi Dhamtari, P.S.Arjuni Tahsil & Distt. Dhamtari C.G.
22. Vishnu Prasad Sonwani S/o Shri Mohan Lal Aged About 50 Years Working As Headmaster, Govt. Primary School Sivnikhurd, , Block - Dhamtari, R/o Village Barna, Dhamtari, P.S Arjuni, . Tahsil & Distt. Dhamtari C.G.
23. Ghanshyam Netam S/o Shri Udayram Netam Aged About 48 Years Working As Headmaster, Govt. Primary School Parewadih , Block - Dhamtari, R/o Bramha Chowk Gokulpur Dhamtari, P.S. Tahsil & Distt. Dhamtari C.G.
24. Lalit Kumar Sinha S/o Shri Bhagwat Ram Aged About 48 Years Working As Headmaster, Govt. Primary School Gumrabahar, Block - Dhamtari, R/o Amatalab Road, P.O. Ward Dhamtari, P.S. Tahsil & Distt. Dhamtari C.G.
25. Om Prakash Sahu S/o Shri Saturam Aged About 49 Years Working As Headmaster, Govt. Primary School Potiyadih, , Block - Dhamtari, R/o Village Parastarai, Post Potiyadih Dhamtari, P.S. Arjuni, Tahsil & Distt. Dhamtari C.G.
26. Sekhan Lal Sahu S/o Shri Sonu Ram Aged About 49 Years W0rking As Lecturer, Govt. Girl Middle School, Dhamtari Block - Dhamtari, R/o Ramsagarpara Dhamtari, P.S. Tahsil & Distt. Dhamtari C.G. 4
27. Daniram Sahu S/o Shri Kunjbihari Aged About 50 Years Working As Headmaster, Govt. Middle School Bangoli, , Block - Kurud, R/o Vil- lage Rakhi, Post Bhathagaon, Dhamtari, P.S. Tahsil & Distt. Dham- tari C.G.
28. Rambhuwan Markam S/o Shriram Markam Aged About 50 Years Working As Headmaster, Govt. Primary School Kekrakholi, , Block - Magarlod, R/o Village Kekrakholi, P.S. Magarlod, Dhamtari, P.S. Tahsil & Distt. Dhamtari C.G.
29. Manohar Lal Sahu S/o Shri Bishram Singh Aged About 51 Years Working As Headmaster, Govt. Middle School Devri, Block - Dham- tari, R/o Village Devpur, Post Kandel Dhamtari, P.S.Arjuni, Tahsil & Distt. Dhamtari C.G.
30. Uttam Kumar Vadyak S/o Shri Brijlal Aged About 51 Years Working As Headmaster, Govt. Primary School Mathmuraina, , Block - Dhar- siwa, R/o Village & Post Hasda, 2 Abhanpur, Dhamtari, P.S Abhan- pur . Tahsil & Distt. Dhamtari C.G.
31. Vijay Kumar Dhruv S/o Shri Daulal Aged About 50 Years Working As Headmaster, Govt Primary School Tarighat, Block Fingeshwar, R/o Village Loharshi (Panduka), Ps Rajim, Tah & Distt Dhamtari, CG
32. Smt. Usha Chandrawanshi S/o Shri Prahlad Aged About 50 Years Working As Upper Division Teacher, Govt. Middle School Shantina- gar, Block Dharsiwa, R/o D-24, Dubey Colony Mowa, Raipur, PS Mowa, Dist Raipur, CG
33. Smt. Wahida Khan W/o Shri Sameer Ahmad Aged About 50 Years Working As Upper Division Teacher, Govt. Middle School Shantina- gar, Block Dharsiwa, R/o Baijnath Para, Raipur, Ps & Distt Raipur, CG
34. Smt. Kanti Sahu W/o Shri Pradeep Kumar Aged About 51 Years Working As Headmistress, Govt. Primary School Gandhi Ashram, Block Dhamtari, R/o Rudri Road Gokulpur, Dhamtari, Ps & Distt Dhamtari, CG
35. Shanker Lal Sori S/o Shri Phool Singh Aged About 49 Years Work- ing As Headmaster, Govt. Middle School Gokulpur, Block Dhamtari, R/o Amatalab Road, Po Ward Dhamtari, Ps & Distt Dhamtari, CG
36. Subhash Chandra Nage S/o Shri Jethuram Aged About 50 Years Working As Headmaster, Govt. Primary School Chorbhatthi, Block Kurud, R/o Village Chorbhatthi, Post Bagoud, PS Kurud, Distt Dhamtari, CG
37. Nemichand Hirwani S/o Shri Kartik Ram Aged About 51 Years Working As Lecturer, Govt. Girls High School Bhaismundi, Block Dhamtari, R/o Adarsh Chowk, Magarlod, PS Magarlod, Distt Dham- tari, CG
38. Ramnath Dhruv S/o Shri Nahru Ram Aged About 54 Years Working As Head Master, Govt. Middle School Donar, Block Dhamtari, R/o Vill Amethi, Post Kharenga, Ps Arjuni, Distt Dhamtari, CG 5
39. Pancharam Banjare S/o Shri Samay Lal Aged About 53 Years Work- ing As Headmaster, Govt. Primary School Amethi, Block Dhamtari, R/o Vill & Post Kandel, Ps Arjuni, Distt Dhamtari, CG
40. Kamal Narayan S/o Patiram Aged About 53 Years Working As Head- master, Govt. Primary School Jagdehi, Block Kurud, R/o Vill & Post Doma, PS Arjuni, Distt Dhamtari, CG
41. Smt. Sunita W/o Shri Ishaprem Aged About 59 Years Working As Upper Division Teacher, Govt. Middle School Nayapara, Block Dhamtari, R/o Soridnagar, Dhamtari, Ps & Distt Dhamtari, CG
42. Anup Kumar Kaur S/o Shri Sukalu Ram Kaur Aged About 49 Years Working As Headmaster, Govt. Middle School, Chhipali, Block Na- gri, R/o Village Chhipali, Psot Amali (Nagri), Ps Nagri, Distt Dham- tari, CG
43. Bhuneshwar Kumar Sahu S/o Shri Rajaram Aged About 49 Years R/o Ward No. 8, Nagri, Post & Ps Nagri, Distt Dhamtari, CG
44. Anjor Singh Kanwar S/o Shri Jaitram Kanwar Aged About 50 Years Headmaster, Govt. Boys Primary School Magarlod, Block Magarlod, R/o Vill & Post Mohandi, Ps Magarlod, Distt Dhamtari, CG
45. Ramcharan Sahu S/o Shri Mojiram Aged About 51 Years Working As Headmaster, Govt. Primary School Belora, Block Magarlod, R/o Vill Karelichhoti, (Magarlod), PS Magarlod, Distt Dhamtari, CG
46. Swaroop Ram Sahu S/o Shri Rikhi Ram Aged About 51 Years Work- ing As Upper Division Teacher, Govt. Middle School Borjhara, Block Kurud, R/o Vill Bhatheli, Post Bhakhara, Ps Bhakhara, Distt Dham- tari, CG
47. Uttam Kumar S/o Shri Harbansh Aged About 51 Years Working As Headmaster, Govt. Primary School, Bhendra, Block Kurud, R/o Vill & Post Bhendra, Ps Kurud, Distt Dhamtari, CG
48. Shivnarayan Gajendra S/o Shri Ganpat Ram Aged About 51 Years Headmaster, Govt. Boys Middle School Bhakhara, Block Kurud, R/o Vill & Post Semra (Bhakhara), Ps Bhakhara, Distt Dhamtari, CG
49. Nandkumar Sahu S/o Shri Mohan Lal Aged About 51 Years Working As Headmaster, Govt. Middle School Joratarai, Block Kurud, R/o Vill & Post Joratarai (Bhakhara), Ps Bhakhara, Distt Dhamtari, CG
50. Ishwar Singh Kanwar S/o Shri Laxman Singh Aged About 50 Years Working As Headmaster, Govt. Middle School Bhendsar, Block Ku- rud, R/o Vill & Post Bhakhara, Ps Bhakhara, Distt Dhamtari, CG
51. Narendra Kumar Dhruv S/o Shri Bhawani Singh Aged About 50 Years Working As Headmaster, Govt.Primary School, Silghat, Block Kurud, R/o Vilolage Koliyari, Post Bhakhara, Ps Bhakhara, Ps & Distt Dhamtari, CG
52. Parash Ram Preetam S/o Shri Titru Ram Aged About 56 Years Working As Lecturer, Govt. Boys Middle School Bhakhara, Block Kurud, R/o Vill & Post Bhakhara, Ps Bhakhara, Distt Dhamtari, CG 6
53. Smt. R.Pawar W/o Shri Purushottam Rao Aged About 51 Years Working As Lecturer Govt. Girls Middle School Dhamtari, Block Dhamtari, R/o Banspara, Dist Dhamtari, CG
54. Mohd. Sharif Khan S/o Shri Sheikh Mohammad Aged About 52 Years Working As Headmaster, Govt. Middle School Semra D, Block Dhamtari, R/o Vill Dahi, Post Dabhi, Ps Kurud, Distt Dhamtari, CG
55. Rikhi Ram Dhruv S/o Shri Baran Singh Aged About 52 Years Work- ing As Headmaster, Govt. Primary School Semra D, Block Dhamtari, R/o Vill & Post Dahi, Ps Kurud, Distt Dhamtari, CG
56. Durga Singh Sori S/o Shri Ramsingh Aged About 52 Years Lecturer, Block Magarlod, R/o Village & Post Singpur, Ps Magarlod, Distt Dhamtari, CG
57. Harnarayan Sahu S/o Shri Jagdish Ram Aged About 50 Years Work- ing As Lecturer, Rajya Granthalaya, Raipur, Block Raipur, R/o Sun- der Nagar, Ps Raipur, Dist Raipur, CG
58. Panchuram Sahu S/o Shri Jagat Ram Aged About 50 Years Working As Headmaster, Govt. Middle School Parewadih, Block Dhamtari, R/o Vill Bhanpuri, Post Demar, Ps Arjuni, Distt Dhamtari, CG
59. Smt. Geeta Mehta W/o Ramesh Mehta Aged About 49 Years Work- ing As Headmaster, Govt. Primary School Shitalpara, Block Dham- tari, R/o Gujrati Colony Dhamtari, Ps & Distt Dhamtari, CG
60. Smt. Rama Verma W/o Shri Surendra Singh Aged About 50 Years Working As Lecturer, Govt. Hr. School, Bathena, Block Dhamtari, R/o Gujrati Colony, Dhamtari, Ps & Distt Dhamtari, CG
61. Smt. S.Mundeja Aged About 60 Years Headmaster, Govt. Middle School Nayapara, Block Dhamtari, Distt Dhamtari, CG
62. Shiv Kumar Sahu S/o Shri Shyam Lal Aged About 49 Years Working As Headmaster, Sindhi Girls Middle School Dhamtari, Block Dham- tari, R/o Amatalab Road, PO Ward, Dhamtari, Ps & Distt Dhamtari, CG
63. Tansen Yadav S/o Shri Tikaram Aged About 50 Years Working As Headmaster, Govt. Middle School, Gujra, Block Dhamtari, R/o Vill & Post Bhakhara, Ps Bhakhara, Distt Dhamtari, CG
64. Hori Lal Sahu S/o Shri Thukel Ram Aged About 50 Years Headmas- ter, Govt. Middle School, Khamhariya, Block Dhamtari, R/o Vill & Post Bhakhara, Ps Bhakhara, Distt Dhamtari, CG
65. Birendra Kumar Sahu S/o Shri Kuleshwar Singh Aged About 51 Years Headmaster, Govt. Middle School Devri, Block Kurud, R/o Vill & Post Bhakhara, Ps Bhakhara, Distt Dhamtari, CG
66. Salik Ram S/o Shri Tejram Aged About 51 Years Lecturer, Govt. Hr. Secondary School, Sambalpur, Block Dhamtari, R/o Jail Road, Ba- thena, Ps & Distt Dhamtari, CG 7
67. Devendra Kumar Dadar S/o Shri Nand Kumar Aged About 51 Years Headmaster, Govt. Girls Middle School, Kurud, Block Kurud, R/o Ward No. 1, Shikshak Colony, Kurud, Ps Kurud, Distt Dhamtari, CG
68. Saroj Kumar Sahu S/o Shri Devnath Sahu Aged About 52 Years Headmaster, Block Kurud, R/o Ward No. 1, Shikshak Colony, Kurud, Ps Kurud, Distt Dhamtari, CG
69. Tikeshwar Kumar S/o Shri Bhukhan Lal Aged About 49 Years Work- ing As Lecturer, Govt. Hr. Secondary School, Gudguda, Block Ku- rud, R/o Vill Mourikala, Post Nari, Ps Kurud, Dist Dhamtari, CG
70. Birendra Kumar Sahu S/o Shri Ramswaroop Aged About 50 Years Headmaster, Govt. Primary School, Ghuma, Block Kurud, R/o Vill & Post Sankri, Ps Kurud, Distt Dhamtari, CG
71. Ram Singh Sahu S/o Shri Premnath Aged About 50 Years Working As Headmaster, Govt. Middle School Mourikala, Block Kurud, R/o Vill Mourikala, Post Naari, Ps Dhamtari, Distt Dhamtari, CG
72. Chowaram Sahu S/o Shri Mensharam, Aged About 50 Years Head- master, Govt. Primary School, Gobra, Block Kurud, R/o Vill Kokdi, Post Naari, Ps & Distt Dhamtari, CG
73. Kamta Ram Sahu S/o Shri Ramnarayan Aged About 50 Years Head- master, Govt. Middle School, Bakli, Block Kurud, R/o Sanjay Nagar, Kurud, Ps Kurud, Dist Dhamtari, CG
74. Jeviyar Khess S/o Emil Aged About 51 Years Working As Headmas- ter, Govt. Middle School, Sivnikala, Block Kurud, R/o Shanti Nagar, Kurud, Ps Kurud, Distt Dhamtari, CG
75. Jeevan Lal Sahu S/o Shri Gorakh Ram Aged About 51 Years Work- ing As Lecturer, Govt. Middle School Atang, Block Kurud, R/o Village Rakhi, Post Bhathagaon, Ps & Distt Dhamtari, CG
76. Shobha Ram Sahu S/o Shri Ram Kalyan Aged About 51 Years Working As Headmaster, Govt. Middle School Khairjhiti, Block Ku- rud, R/o Village Chhipali, Post Karelichhoti, Ps Magarlod, Distt Dhamtari, CG
77. Smt. Usha Dewangan W/o Shri Dilip Singh Aged About 49 Years Working As Headmaster, Govt. Primary School, Charra, Block Ku- rud, R/o Vill Charra, Kurud, Ps Kurud, Distt Dhamtari, CG
78. Smt. Jaya Sonwani W/o Shri Gainda Lal Aged About 49 Years Headmaster, Govt. Primary School Kodebod, Block Kurud, R/o Vill Kodbod, Post Maroud, Ps Kurud, Dist Dhamtari, CG
79. Kamalnarayan Sahu S/o Shri Salik Ram Aged About 51 Years Work- ing As Headmaster, Govt. Middle School Kharra, Block Kurud, R/o Village & Post Darra, Ps Kurud, Distt Dhamtari, CG
80. Leeladhar Sahu S/o Shri Raghunandan Aged About 52 Years Head- master, Govt. Primary School Amdi, Block Dhamtari, R/o Vill Mujga- han, Post Loharshi, Ps Arjuni, Distt Dhamtari, CG 8
81. Omprakash Sinha S/o Shri Shyam Lal Aged About 49 Years Head- master, Govt. Primary School Balak, Tarsiwan, Block Dhamtari, R/o Vill Arjuni, Post Demar, Ps Dhamtari, Distt Dhamtari, CG
82. Smt. Sandhay Bhosle W/o Shri Ramarao Aged About 48 Years Up- per Division Teacher, Govt. Middle School, Koni, Block Bilaspur, R/o Arvind Marg, Sarkanda, Bilasur, Distt Bilaspur, CG
83. Bodhan Ram Sahu S/o Baisakhu Ram Aged About 50 Years R/o Krishna Nagar, Boriya Road, Raipur, Ps & Distt Raipur, CG
84. Gulab Singh Sahu S/o Shri Punit Ram Aged About 50 Years R/o Mathpuraina, Post Sunder Nagar, Raipur, Ps & Distt Raipur, CG
---- Petitioners Versus
1. State of Chhattisgarh Through The Secretary, Department Of Tribal Welfare, Mantralaya Mahanadi Bhawan, New Raipur Distt. Raipur C.G.
2. Assistant Commissioner, Tribal Welfare Department, Dhamtari, Distt Dhamtari, CG
---- Respondents And WPS No. 3108 of 2015
1. Santu Ram Dehari S/o Pyare Lal Dehari, Aged About 52 Years Headmaster Govt. Middle School Bhanwarmara, Block Daundi Lo- hara, Durg District Durg Chhattisgarh
2. Swarup Ram Jagnayak, S/o Late Sitaram Ram Yadu, Aged About 61 Years Assistant Teacher, Government Primary School Gainji, Block Daundi, District Durg Chhattisgarh
3. Bhola Ram Sahu, S/o Preet Ram Sahu Aged About 51 Years Head Master, Government Primary School Manod, Block Balod, Distt. Durg Chhattsigarh
4. Johan Ram Sahu S/o Nammu Ram Sahu Aged About 50 Years Upper Division Teacher, Government Middle School Parsoda, Block Balod, Distt. Durg Chhattisgarh
---- Petitioners Versus
1. State Of Chhattisgarh Through Secretary, School Education Depart- ment Mahanadi Bhawan, Mantralaya, New Raipur Chhattisgarh
2. The Director, Public Instructions, Raipur, Chhattisgarh
3. The District Education Officer, District Durg Chhattisgarh 9
---- Respondents And WPS No. 3112 of 2015
1. Smt. Kaushilya Bambeshwar W/o Satya Vijay Bambeshwar, Aged About 55 Years Upper Division Teacher, Govt. Middle School Daundi, Block Daundi, Durg District Durg Chhattisgarh
2. Smt. Savita Janghel W/o L.R. Janghel, Aged About 52 Years Head Master, Government Primary School Kache Dafai Rajhara, Block Daundi, District Durg Chhattsigarh
3. Smt. Gomti Hirwani, W/o Keshav Ram Hirwani, Aged About 51 Years Upper Division Teacher, Government Middle School Kusumkasa, Block Daundi, District Durg Chhattisgarh
4. Keshav Ram Hirwani, S/o Late K.S. Hirwani, Aged About 51 Years Upper Division Teacher, Government Middle School Kusumkutta, Block Daundi, District Durg Chhattisgarh
---- Petitioners Versus
1. State Of Chhattisgarh Through Secretary, Tribal Welfare Department Mahanadi Bhawan, Mantralaya, New Raipur Chhattisgarh
2. The Commissioner, Tribal Welfare Department, Raipur, Chhattisgarh
3. The Assistant Commissioner, Tribal Welfare Department, Durg District Durg Chhattisgarh
---- Respondents And WPS No. 3082 of 2015 Surendra Prasad Gupta S/o Late Shri Kisun Chandra Gupta, Aged About 56 Years Posted As Head Master, Government Middle School Kerta, Tah- sil Pratappur, Distt. Surajpur (Chhattisgarh)
---- Petitioner Versus
1. State Of Chhattisgarh Through Secretary, Tribal Welfare Department Mahanadi Bhawan, Mantralaya, New Raipur (Chhattisgarh)
2. The Commissioner, Tribal Welfare Department, Raipur Distt. Raipur (Chhattisgarh)
3. The Assistant Commissioner, Tribal Welfare Department, Ambikapur, Distt. Surguja (Chhattisgarh)
---- Respondents And 10 WPS No. 6587 of 2014
1. Mukesh Kumar Banoudhe S/o Shri Bhola Singh Banoudhe Aged About 50 Years Working As Upper Division Teacher, Govt. Primary School, Patharra, Block Fingeshwr, R/o Ward No. 11, Amapara, Ra- jim, Police Station and Tahsil Rajim, District Mahasamund, CG
2. Madan Lal Sahu S/o Shri Premlal Aged About 53 Years Working As Assistant Teacher, Govt. Primary School, Lafandi, Block Fingesh- war, R/o Village & Post Sursabandha, Ps & Tahsil Rajim, District Gariyaband, CG
3. Siyaram Sahu S/o Shri Kamtaram Aged About 50 Years Working As Headmaster, Govt. Primary School, Ghuma, Block Fingeshwar, R/o Village Lafandi, Post Beltukari, Tahsil Rajim, District Gariyaband, CG
4. Smt. Anjani Yadav W/o Rajendra Yadav Aged About 49 Years Working As Headmistress, Govt. Primary School, Pitairoad, Block Fingesh- war, R/o Ward No.9, Tahsil Nawapara, Raijim, District Gariyaband, CG
5. Prabhuram Sahu S/o Shri Kartikram Aged About 52 Years Working As Headmaster, Govt. Primary School, Partewa, Block Fingeshwar, R/o Village & Post Sursabandha, Tahsil Rajim, District Gariyaband, CG
6. Ashwan Kumar Dhruv S/o Shri Salikram Dhruv Aged About 52 Years Working As Headmaster, Govt. Primary School, Sursabandha, Block Fingeshwar, R/o Mudtarai, Post Kopra, Tahsil Rajim, District Gariya- band, CG
7. Sitaram Kosariya S/o Late Shri Manaklal Kosariya Aged About 52 Years Working As Headmaster, Govt. Primary School, Mohmalla, Block Nagri, R/o Village Chhipali, Post Amali, Tahsil Nagri,district Dhamtari, CG
8. Ramratan Dhruv S/o Shri Maksud Dhruv Aged About 54 Years Work- ing As Headmaster, Govt. Middle School, Ghatula, Block Nagri, Po- lice Station Sihawa, Tahsil Nagri, District Dhamtari, CG
9. Dinesh Kumar Dhruv S/o Shri Bishat Ram Dhruv Aged About 52 Years Working As Headmaster, Govt. Primary School, Nagri, Block Nagri, Police Station Sihawa, Tahsil Nagri, District Dhamtari, CG
10. Yashwant Kumar Sahu S/o Shri Ramadhar Aged About 50 Years Working As Headmaster, Govt. Middle School, Aroud, Block Dham- tari, R/o Village Jawargaon, Post Aroud (Li), Tahsil And District Dhamtari, CG
11.D.D. Baghel S/o Late Shri Raghav Das Aged About 58 Years Working As Headmaster, Govt. Middle School, Kachna, Block Kurud, R/o Jeejamgaon, Ps Bireghar (Chowki), Tahsil Kurud, District Dhamtari, CG
12. Anand Ram Songatra S/o Ramgulal Songatra Aged About 55 Years Working As Lecturer, Govt. H.S. School, Bathena, Block Dhamtari, R/o Village & Post Kukrel, Ps Keregaon, Tahsil Nagri, District Dham- tari, CG 11
13. Ugesh Ram Bansor S/o Shri Jairam Bansor Aged About 55 Years Working As Headmaster, Govt. Middle School, Arjuni, Block Dham- tari, R/o Near Bazar Chowk, Hatkeshwar Ward, Dhamtari, Ps Tahsil And District Dhamtari, CG
14. Kamla Kosariya D/o Shri Sarju Ram W/o Shri Krishna Kumar Kosariya Aged About 58 Years Working As Upper Division Teacher, Govt. Middle School Kolyari, Block Dhamtari, R/o Vindhyavasini Ward Dhamtari, Police Station, Tahsil And District Dhamtari, CG
15. Tulsiram Sonkar S/o Shri Faguram Sonkar Aged About 56 Years Working As Headmaster, Govt. Primary School, Hargatarai, Block Dhamtari, R/o Kostapara, Dhamtari, Police Station, Tahsil And Dis- trict Dhamtari, CG
---- Petitioners Versus
1. State of Chhattisgarh Through The Secretary, Tribal Welfare Depart- ment, Mahanadi Mantralaya, New Raipur, District Raipur, CG
2. Assistant Commissioner Tribal Welfare Department, Dhamtari, District Dhamtari, CG
3. Assistant Commissioner Tribal Welfare Department, Gariyaband, Dis- trict Gariyaband, CG
---- Respondents And WPS No. 3070 of 2015
1. Bhuvan Singh Sinha S/o Vishal Singh Sinha Aged About 52 Years U. D. T. Govt. Middle School Rajhara, Block Daundi, Durg, Distt. Durg, (Chhattisgarh)
2. Ganesh Ram Yadu S/o Late Sitaram Ram Yadu Aged About 53 Years Upper Division Teacher, Government Middle School Gainji, Block Daundi, Distt. Durg, (Chhattisgarh)
3. Girdhari Lal Kulhara S/o Late Nathuram Kulhara, Aged About 51 Years Head Master, Government Middle School Sahgaon, Block Daundilohara, Distt. Durg, (Chhattisgarh)
4. Khoman Lal Sahu S/o Narayan Singh Sahu Aged About 51 Years Government Middle School, Bijoura, Block Daundi Lohara, Distt. Durg, (Chhattisgarh)
5. Mohan Lal Kamdi S/o Kejau Ram Kamdi, Aged About 58 Years Head Master, Government Middle School Kotera, Block Daundi Lohara, Distt. Durg, (Chhattisgarh)
---- Petitioners Versus 12
1. State Of Chhattisgarh Through Secretary, School Education Depart- ment, Mahanadi Bhawan, Mantralaya, New Raipur, (Chhattisgarh)
2. The Director, Public Instructions, Raipur, (Chhattisgarh)
3. The District Education Officer, Distt. Durg, (Chhattisgarh)
---- Respondents For Petitioners : Mr.Ajay Shrivastava, Mr.B.L.Dembra and Mr.Rahul Mishra, Advocates For Respondents/State :Mr.Y.S. Thakur, Dy.A.G. and Mrs.Astha Shukla, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 11/01/2016
1. In these batch of writ petitions, the petitioners have questioned the legality and validity of the circular dated 12.3.2007 by which it has been held that Assistant Teacher/Upper Division Teacher, who have completed their B.Ed. decree/B.T.I. training on government expenses, they will not be entitled for two advance increments from 23.10.1964 to 01.03.99 and only the teachers who have passed the said examination on their own expenses, they will be entitled for said two advance increments.
2. Mr.Ajay Shrivastava, Mr.B.L.Dembra and Mr.Rahul Mishra, learned counsel appearing for their respective petitioners, would submit that such discrimination on the basis of passing of B.Ed. decree/B.T.I. training is impermissible in law as all the teachers are similarly situated and they are governed by same set of rules. Merely on the ground that the petitioners have passed their B.Ed. decree/B.T.I. training on government expenses, they cannot be held disentitle for 13 the aforesaid benefit. They relied upon the judgment of the Supreme Court in the matter of Food Corporation of India and others v.
Ashis Kumar Ganguly and others1.
3. Mr.Y.S. Thakur, learned Deputy Advocate General appearing for the respondents/State, would submit that since the petitioners have done their B.Ed. decree/B.T.I. training on government expenses i.e. reasonable classification, they are not disentitled for the benefit of two advance increments. He would further submit that Government is ready and willing to consider the representations of the petitioners in accordance with law.
4. I have heard learned counsel appearing for the parties, and given thoughtful consideration to the submissions raised therein and also gone through the record with utmost circumspection.
5. A bare perusal of the impugned circular would show that the teachers, who have passed their B.Ed. decree/B.T.I. training on their own expenses, they will be entitled for two advance increments.
6. In the matter of Food Corporation of India and others (supra), Their Lordships of the Supreme Court have held that granting of benefit to one set of employees and denying it to other set of employees, when both sets were governed by same rules/orders is discriminatory and violative of Article 14.
7. In the matter of Y.K.Mehta and others v. Union of India and another2, Their Lordships of the Supreme Court have held that when 1(2009) 7 SCC 724 2 1988 (Supp) SCC 750 14 posts in two wings of the same government department are identical and involve same nature of duties, denial of parity in pay would be violative of Articles 14, 16 and 30(d) and observed as under:-
"11. We have gone through the averments in the writ peti- tions and those made in the counter-affidavits filed by the Director General of Doordarshan and we have no hesita- tion in holding that the petitioners perform the same du- ties as those performed by their counterparts in the Film Division. When two posts under two different wings of the same Ministry are not only identical, but also involve the performance of the same nature of duties, it will be unrea- sonable and unjust to discriminate between the two, in the matter of pay. One of the directive principles of State Pol- icy, as embodied in clause (d) of Article 39 of the Constitu- tion, is equal pay for equal work for both men and women. The provision of Article 39(d) has been relied upon by the petitioners. The Directive Principles contained in Part-IV of the Constitution, though not enforceable by any court, are intended to be implemented by the State of its own accord so as to promote the welfare of the people. In- deed, Article 37 provides, inter alia, that it shall be the duty of the State to apply these principles in making laws. Even leaving out of our consideration Article 39(d), the principle of "equal pay for equal work", if not given effect to in the case of one set of Government servants holding same or similar posts, possessing same qualifications and doing the same kind of work, as another set of Gov- ernment servants, it would be discriminatory and violative of Articles 14 and 16 of the Constitution. Such discrimina- tion has been made in respect of the petitioners, who are the Staff Artists of Doordarshan, by not giving them the same scales of pay as provided to their counterparts in the Films Division under the same Ministry of Information and Broadcasting. The petitioners are, therefore, entitled to the same scales of pay as their counterparts in the Films Division."
8. Be that as it may, since pay fixation is the job of the executive and expert and Government is ready and willing to take a decision in the matter of the petitioners, the petitioners are permitted to make the representations before the State Government within 15 days from today and in turn, the State Government will do well and consider the 15 cases of the petitioners for grant of two advance increments at par that the teachers who have passed their B.Ed. decree/B.T.I. training on government expenses keeping in view the observation made hereinabove, as two advance increments were granted as incentive to those government teachers who have obtained their B.Ed.
decree/B.T.I. training on their own expenses, within a period of three months from the date of receipt of representations of the petitioners along with copy of this order. It is made clear that this Court has not made any direction to the respondents to grant such benefit to the petitioners.
9. With the aforesaid observations, all writ petitions stand finally disposed of. No order as to cost(s).
Sd/-
(Sanjay K. Agrawal) JUDGE B/-