Chattisgarh High Court
Smt. Prabha Soni vs State Of Chhattisgarh on 27 January, 2016
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 487 of 2015
1. Mohd. Shoaeb Ansari S/o Hazi Mohd. Ismail Ansari, Aged About 48
Years Assistant Teacher,
2. Mohd. Nasir S/o Late Mohd. Idrish Aged About 50 Years Occupation
Assistant Teacher,
Petitioner No.1 & 2 are posted at Anjuman Urdu/Hindi Primary
School, Jagdalpur, District Bastar (CG)
3. Vishwajeet Kumar Jha @ V.K. Jha S/o Dr. K.K. Jha Aged About 51
Years Occupation Teacher,
4. Ku. B. Maya Naidu D/o Late B.M.G. Naidu Aged About 58 Years Oc-
cupation Teacher
5. S.S.Das S/o Late M.M.Das Aged About 57 Years Occupation Teacher
6. Smt. C.K.Das D/o Late Nasib Raj Tahkur Aged About 52 Years Occu-
pation Teacher,
7. Minesh Panigrahi S/o Shri Sarangdhar Panigrahi Aged About 50
Years Occupation Teacher
8. Smt. Anita Jha W/o Shri Vishwajeet Kumar Jha, Aged About 47 Years
Occupation Teacher,
Petitioner No.3 to 8 are posted at Rashtriya Higher Secondary
School, Jagdalpur, District Bastar (CG)
9. Smt. Monika Monibala Haroon W/o Ashit Kumar Haroon, Aged
About 60 Years Occupation Assistant Teacher,
10. Smt. Renuka Habil W/o Shri Surendra Habil Aged About 59 Years
Occupation Assistant Teacher,
11. Smt. Manjula Malina Nath W/o Shri Bhajendra Nath Aged About 60
Years Occupation Assistant Teacher,
12. Smt. Rubi Dorthi Singh W/o Shri Moris Singh Aged About 53 Years
Occupation Assistant Teacher,
13. Smt. Basanti Singh Wd/o Late Hemant Singh Aged About 50 Years
Occupation Assistant Teacher,
14. Ratnesh Benjamin S/o Shri G.W. Benjamin Aged About 48 Years
Occupation Assistant Teacher,
15. Smt. Elin Sangeeta W/o Shri Surendra Jain Aged About 46 Years
Occupation Assistant Teacher,
16. Smt. Sushila Soma W/o Shri Diksan Soma Aged About 61 Years Oc-
cupation Assistant Teacher,
2
Petitioner No. 9 to 16 are posted at Edena B. Alderman, Mission
School, Jagdalpur, District Bastar (CG)
---- Petitioners
Versus
1. State of Chhattisgarh, Through The Secretary, Department of School
Education, Mantralaya, Mahanadi Bhawan, Naya Raipur, District
Raipur, C.G.
2. The Secretary, Department of Finance and Planning, Mantralaya, Ma-
hanadi Bhawan, Naya Raipur, District Raipur, (CG)
3. The Director Directorate Of Public Instruction, Pension Bada, Raipur,
Revenue and Civil District Raipur, (CG)
4. The District Education Officer, Jagdalpur, District Bastar, (C.G.)
5. The Anjuman Islamiya Committee Jama Masjid Campus, Jagdalpur,
District Bastar, C.G., Through The Sadar Sheikh Salim Raza
6. The Principal, Rashtriya Higher Secondary School, Jagdalpur, District
Bastar (C.G.)
7. The Principal, Edena B. Alderman, Mission School, Jagdalpur, District
Bastar (C.G.)
---- Respondents
And WPS No. 3361 of 2015 Smt. Chitra Nagpal W/o Shri Suresh Nagpal, Aged About 55 Years Head Mistress, Ganpat Sindhi Primary School, Raipur, Tahsil, Rev- enue And Civil District Raipur, (Chhattisgarh) Pin Code- 492001
---- Petitioner Versus
1. State Of Chhattisgarh Through Secretary, Department Of School Edu- cation, Mantralaya, Mahanadi Bhawan, Naya Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh) Pin Code- 492001
2. Secretary, Department Of Finance and Planning, Mantralaya, Ma- hanadi Bhawan, Naya Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh) Pin Code- 492001
3. Director, Directorate Of Public Instruction, Pension Bada, Raipur, Tah- sil, Revenue And Civil District Raipur, (Chhattisgarh) Pin Code
-492001
4. District Education Officer, Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh), Pin Code- 492001 3
5. Principal, Government J. R. Dani Higher Secondary School, Raipur, Tahsil, Revenue And Civil Dsitrict Raipur, (Chhattisgarh), Pin Code- 492001
---- Respondents And WPS No. 3359 of 2015 Rekha Deshkar D/o Shri P. G. Deshkar, Aged About 61 Years Upper Division Teacher, Laxminarayan Girls Higher Secondary School, Raipur Tahsil, Revenue And Civil District Raipur (Chhattisgarh) Pin Code 492001
---- Petitioner Versus
1. State Of Chhattisgarh Through Secretary, Department Of School Edu- cation, Mantralaya, Mahanadi Bhawan, Naya Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh) Pin Code- 492001
2. Secretary, Department Of Finance and Planning, Mantralaya, Ma- hanadi Bhawan, Naya Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh) Pin Code- 492001
3. Director, Directorate Of Public Instruction, Pension Bada, Raipur, Tah- sil, Revenue And Civil District Raipur, (Chhattisgarh) Pin Code
-492001
4. District Education Officer, Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh), Pin Code- 492001
5. Principal, Government Hindu Higher Secondary School, Raipur, Tah- sil, Revenue And Civil District Raipur (Chhattisgarh) Pin Code 492001
---- Respondents And WPS No. 3367 of 2015 Mohan Lal Sharma S/o Late Tejkaran Sharma Aged About 55 Years In Charge Head Master, Mahavir Primary School, Gudhyari, Raipur Tah- sil, Revenue And Civil District Raipur (Chhattisgarh) Pin Code- 492001
---- Petitioner Versus
1. State Of Chhattisgarh Through Secretary, Department Of School Edu- cation, Mantralaya, Mahanadi Bhawan, Naya Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh) Pin Code- 492001
2. Secretary, Department Of Finance and Planning, Mantralaya, Ma- hanadi Bhawan, Naya Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh) Pin Code- 492001 4
3. Director, Directorate Of Public Instruction, Pension Bada, Raipur, Tah- sil, Revenue And Civil District Raipur, (Chhattisgarh) Pin Code
-492001
4. District Education Officer, Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh), Pin Code- 492001
5. Principal, Government Hindu Higher Secondary School, Raipur, Tah- sil, Revenue And Civil District Raipur (Chhattisgarh) Pin Code 492001
---- Respondents And WPS No. 3541 of 2015
1. Smt. Prabha Soni W/o Shri Gopal Prasad, Aged About 61 Years Lec- turer, Rashtriya Higher Secondary School, Raipur, Tahsil, Revenue And Civil District Raipur (Chhattisgarh) Pin Code 492001
2. Smt. Rama Varma W/o Shri Makhanlal Varma, Aged About 55 Years Upper Division Teacher, Rashtriya Higher Secondary School, Raipur, Tahsil Revenue And Civil District Raipur (Chhattisgarh) Pin Code 492001
3. Smt. Rukmani Kashyap W/o Shri Pannalal Kashyap, Aged About 57 Years Upper Division Teacher, Rashtriya Higher Secondary School, Raipur, Tahsil, Revenue And Civil District Raipur (Chhattisgarh) Pin Code 492001
4. Ashok Kumar Ambilkar S/o Shri Bhaurao Ambilkar, Aged About 54 Years Upper Division Teacher, Rashtriya Higher Secondary School, Raipur, Tahsil, Revenue And Civil District Raipur (Chhattisgarh) Pin Code 492001
5. Smt. Savita Bhange W/o Shri Shankarrao Bhange, Aged About 61 Years Upper Division Teacher, Rashtriya Higher Secondary School, Raipur, Tahsil, Revenue And Civil District Raipur (Chhattisgarh) Pin Code 492001
6. Sushil Kumar Dani S/o Late Shishupal Dani, Aged About 52 Years Upper Division Teacher, Rashtriya Higher Secondary School, Raipur, Tahsil, Revenue And Civil District Raipur (Chhattisgarh) Pin Code 492001
7. Umashankar Vyas S/o Shri Gaurishankar Vyas Aged About 47 Years Lecturer, Rashtriya Higher Secondary School, Raipur, Tahsil, Rev- enue And Civil District Raipur (Chhattisgarh) Pin Code 492001
8. Raghavram Rajput S/o Late Kriparam Rajput Aged About 64 Years Retired Principal, Rashtriya Higher Secondary School, Raipur, Tahsil, Revenue And Civil District Raipur (Chhattisgarh) Pin Code 492001
9. Smt. Sangeeta Dani W/o Shri Sushil Kumar Dani Aged About 47 Years Upper Division Teacher, Rashtriya Higher Secondary School, Chhatod ( Tilda), District Raipur (Chhattisgarh)
---- Petitioners 5 Versus
1. State Of Chhattisgarh Through Secretary, Department Of School Edu- cation, Mantralaya, Mahanadi Bhawan, Naya Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh) Pin Code- 492001
2. Secretary, Department Of Finance and Planning, Mantralaya, Ma- hanadi Bhawan, Naya Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh) Pin Code- 492001
3. Director, Directorate Of Public Instruction, Pension Bada, Raipur, Tah- sil, Revenue And Civil District Raipur, (Chhattisgarh) Pin Code
-492001
4. District Education Officer, Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh), Pin Code- 492001
5. Principal, Government Hindu Higher Secondary School, Raipur, Tah- sil, Revenue And Civil District Raipur (Chhattisgarh) Pin Code 492001
---- Respondents And WPS No. 3549 of 2015
1. Nand Kishore Tiwari S/o Late Jhadu Ram Tiwari, Aged About 58 Years Upper Division Teacher, Mahavir Higher Secondary School, Gudhiyari, Raipur, Tahsil Revenue And Civil District Raipur Chhattis- garh Pin Code 492001
2. Virendra Maheshwari, S/o Late Champalal Maheshwari, Aged About 47 Years Upper Division Teacher, Mahavir Higher Secondary School, Gudhiyari, Raipur, Tahsil Revenue And Civil District Raipur Chhattis- garh Pin Code 492001
3. R.N. Jaiswal, S/o Late Shriram Jaiswal, Aged About 52 Years Upper Division Teacher, Mahavir Higher Secondary School, Gudhiyari, Raipur, Tahsil Revenue And Civil District Raipur Chhattisgarh Pin Code 492001
4. Tapan Kumar Choudhary, S/o Late Kalptaru Choudhary, Aged About 49 Years Upper Division Teacher, Mahavir Higher Secondary School, Gudhiyari, Raipur, Tahsil Revenue And Civil District Raipur Chhattis- garh Pin Code 492001
5. Murli Dhar Sen, S/o Late Har Prasad Sen, Aged About 53 Years As- sistant Teacher, Mahavir Higher Secondary School, Gudhiyari, Raipur, Tahsil Revenue And Civil District Raipur Chhattisgarh Pin Code 492001
6. Smt. Sunita Nigam, W/o Shri Nirmal Kumar Nigam, Aged About 49 Years Assistant Teacher, Mahavir Higher Secondary School, Gudhi- yari, Raipur, Tahsil Revenue And Civil District Raipur Chhattisgarh Pin Code 492001
7. K.S. Thakur, S/o Late Balram Singh Thakur, Aged About 51 Years As- sistant Teacher, Mahavir Higher Secondary School, Gudhiyari, Raipur, 6 Tahsil Revenue And Civil District Raipur Chhattisgarh Pin Code 492001
8. Smt. Aruna Hariharno, W/o Shri Ashok Hariharno, Aged About 56 Years Assistant Teacher, Mahavir Primary School, Gudhiyari, Raipur, Tahsil Revenue And Civil District Raipur Chhattisgarh Pin Code 492001
---- Petitioner Versus
1. State Of Chhattisgarh Through Secretary, Department Of School Edu- cation, Mantralaya, Mahanadi Bhawan, Naya Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh) Pin Code- 492001
2. Secretary, Department Of Finance and Planning, Mantralaya, Ma- hanadi Bhawan, Naya Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh) Pin Code- 492001
3. Director, Directorate Of Public Instruction, Pension Bada, Raipur, Tah- sil, Revenue And Civil District Raipur, (Chhattisgarh) Pin Code
-492001
4. District Education Officer, Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh), Pin Code- 492001
5. Principal, Government Hindu Higher Secondary School, Raipur, Tah- sil, Revenue And Civil District Raipur (Chhattisgarh) Pin Code 492001
---- Respondents And WPS No. 4098 of 2015
1. Trayambak Prasanna Sharma S/o Shri Loknath Sharma, Aged About 59 Years Principal Rashtriya Higher Secondary School Chhatoud, Tahsil Tilda, Revenue And Civil District Raipur Chhattisgarh Pin Code 493116
2. Dhruw Narayan Verma, S/o Late Banshilal Verma, Aged About 61 Years Upper Division Teachers, Rashtriya Higher Secondary School, Chhatoud, Tahsil Tilda, Revenue And Civil District Raipur Chhattis- garh Pin Code 493116
---- Petitioner Versus
1. State Of Chhattisgarh Through Secretary, Department Of School Edu- cation, Mantralaya, Mahanadi Bhawan, Naya Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh) Pin Code- 492001
2. Secretary, Department Of Finance and Planning, Mantralaya, Ma- hanadi Bhawan, Naya Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh) Pin Code- 492001 7
3. Director, Directorate Of Public Instruction, Pension Bada, Raipur, Tah- sil, Revenue And Civil District Raipur, (Chhattisgarh) Pin Code
-492001
4. District Education Officer, Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh), Pin Code- 492001
5. Principal, B.N.B. Government Higher Secondary School, Raipur, Ne- ora (Tilda) District Raipur (CG)
---- Respondents And WPS No. 3322 of 2015 Prakashdhar Diwan S/o Late Bhushandhar Diwan, Aged About 51 Years Lecturer, Rashtriya Higher Secondary School, Raipur, Tahsil, Revenue And Civil District Raipur (Chhattisgarh) Pin Code 492001
---- Petitioner Versus
1. State Of Chhattisgarh Through Secretary, Department Of School Edu- cation, Mantralaya, Mahanadi Bhawan, Naya Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh) Pin Code- 492001
2. Secretary, Department Of Finance and Planning, Mantralaya, Ma- hanadi Bhawan, Naya Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh) Pin Code- 492001
3. Director, Directorate Of Public Instruction, Pension Bada, Raipur, Tah- sil, Revenue And Civil District Raipur, (Chhattisgarh) Pin Code
-492001
4. District Education Officer, Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh), Pin Code- 492001
5. Principal, Government Hindu Higher Secondary School, Raipur, Tah- sil, Revenue And Civil District Raipur (Chhattisgarh) Pin Code 492001
---- Respondents And WPS No. 3406 of 2015 Smt. Pushplata Jha W/o Shri M. K. Jha, Aged About 59 Years Assis- tant Teacher, Rashtriya Primary School, Raipur, Tahsil, Revenue And Civil District Raipur (C. G.) Pin Code - 492001
---- Petitioner Versus
1. State Of Chhattisgarh Through Secretary, Department Of School Edu- cation, Mantralaya, Mahanadi Bhawan, Naya Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh) Pin Code- 492001 8
2. Secretary, Department Of Finance and Planning, Mantralaya, Ma- hanadi Bhawan, Naya Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh) Pin Code- 492001
3. Director, Directorate Of Public Instruction, Pension Bada, Raipur, Tah- sil, Revenue And Civil District Raipur, (Chhattisgarh) Pin Code
-492001
4. District Education Officer, Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh), Pin Code- 492001
5. Principal, Government Hindu Higher Secondary School, Raipur, Tah- sil, Revenue And Civil District Raipur (Chhattisgarh) Pin Code 492001 And WPS No. 3429 of 2015 Smt. Rajuli Garg W/o Shri Ruchir Garg, Aged About 46 Years Lecturer Ganpat Sindhi Higher Secondary School, Mahamayi Para, Raipur Tahsil, Revenue And Civil District Raipur Chhattisgarh Pin Code 492001
---- Petitioner Versus
1. State Of Chhattisgarh Through Secretary, Department Of School Edu- cation, Mantralaya, Mahanadi Bhawan, Naya Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh) Pin Code- 492001
2. Secretary, Department Of Finance and Planning, Mantralaya, Ma- hanadi Bhawan, Naya Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh) Pin Code- 492001
3. Director, Directorate Of Public Instruction, Pension Bada, Raipur, Tah- sil, Revenue And Civil District Raipur, (Chhattisgarh) Pin Code
-492001
4. District Education Officer, Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh), Pin Code- 492001
5. Principal, Government Hindu Higher Secondary School, Raipur, Tah- sil, Revenue And Civil District Raipur (Chhattisgarh) Pin Code 492001
---- Respondents And WPS No. 3434 of 2015
1. Smt. Prabha Nigam W/o Shri Anil Kumar Nigam, Aged About 60 Years In Charge Principal, Mahavir Higher Secondary School, Gudhiyari Raipur, Tahsil Revenue And Civil District Raipur Chhattsigarh Pin 492001
2. Smt. Savita Awadhiya, W/o Shri Deepak Awadhiya, Aged About 56 Years Upper Division Teacher, Mahavir, Higher Secondary School, 9 Gudhiyari, Raipur, Tahsil Revenue And Civil District Raipur Chhattsi- garh Pin 492001
---- Petitioner Versus
1. State Of Chhattisgarh Through Secretary, Department Of School Edu- cation, Mantralaya, Mahanadi Bhawan, Naya Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh) Pin Code- 492001
2. Secretary, Department Of Finance and Planning, Mantralaya, Ma- hanadi Bhawan, Naya Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh) Pin Code- 492001
3. Director, Directorate Of Public Instruction, Pension Bada, Raipur, Tah- sil, Revenue And Civil District Raipur, (Chhattisgarh) Pin Code
-492001
4. District Education Officer, Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh), Pin Code- 492001
5. Principal, Government Hindu Higher Secondary School, Raipur, Tah- sil, Revenue And Civil District Raipur (Chhattisgarh) Pin Code 492001
---- Respondents And WPS No. 3552 of 2015
1. Smt. Vidula Thakur W/o Shri Medini Kumar Thakur Aged About 47 Years Lecturer, Ganpat Sindhi Higher Secondary, Mahamayi Para, Raipur, Tahsil, Revenue And Civil District Raipur (Chhattisgarh) Pin Code 492001
2. Smt. Sugmata Shukla W/o Shri Ashwini Kumar Shukla Aged About 53 Years Upper Division Teacher, Ganpat Sindhi Higher Secondary, Ma- hamayi Para, Raipur, Tahsil, Revenue And Civil District Raipur (Chhattisgarh) Pin Code 492001
3. Smt. Meera Narwani W/o Late H. V. Narwani, Aged About 48 Years Lecturer, Ganpat Sindhi Higher Secondary, Mahamayi Para, Raipur, Tahsil, Revenue And Civil District Raipur (Chhattisgarh) Pin Code 492001
4. Ashok Kumar Hazra S/o Late Jamini Ranjan Hazra, Aged About 62 Years Retired Principal, Ganpat Sindhi Higher Secondary, Mahamayi Para, Raipur, Tahsil, Revenue And Civil District Raipur (Chhattisgarh) Pin Code 492001
---- Petitioners Versus
1. State Of Chhattisgarh Through Secretary, Department Of School Edu- cation, Mantralaya, Mahanadi Bhawan, Naya Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh) Pin Code- 492001 10
2. Secretary, Department Of Finance and Planning, Mantralaya, Ma- hanadi Bhawan, Naya Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh) Pin Code- 492001
3. Director, Directorate Of Public Instruction, Pension Bada, Raipur, Tah- sil, Revenue And Civil District Raipur, (Chhattisgarh) Pin Code
-492001
4. District Education Officer, Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh), Pin Code- 492001
5. Principal, Government Hindu Higher Secondary School, Raipur, Tah- sil, Revenue And Civil District Raipur (Chhattisgarh) Pin Code 492001
---- Respondents And WPS No. 3555 of 2015
1. Smt. Premlata Tiwari W/o Shri S.K. Tiwari, Aged About 59 Years Up- per Division Teacher, Laxminarayan Girls Higher Secondary School, Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh), Pin Code- 492001
2. Smt. Rukaiya Ahamed, W/o Shri Maqbul Ahamed, Aged About 61 Years Upper Division Teacher, Laxminarayan Girls Higher Secondary School, Raipur, Tahsil Revenue And Civil District Raipur, (Chhattis- garh) Pin Code- 492001
3. Smt. Sushma Prasad, W/o Shri A. W. Prasad, Aged About 57 Years Upper Division Teacher, Laxminarayan Girls Higher Secondary School, Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattis- garh), Pin Code- 492001
4. Smt. Rajshri Chauhan, W/o Shri Rajesh Chauhan, Aged About 56 Years Upper Division Teacher, Laxminarayan Girls Higher Secondary School, Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattis- garh) Pin Code- 492001
5. Smt. Sheela Sharma, W/o Shri R.K. Sharma, Aged About 50 Years Lower Division Teacher, Laxminarayan Girls Higher Secondary School, Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattis- garh) Pin Code- 492001
6. Smt. Archana Dixit, W/o Shri Shashikant Dixit, Aged About 62 Years Retired Principal, Laxminarayan Girls Higher Secondary School, Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh) Pin Code- 492001
7. Kumud Lad, D/o Shri Madhavrao Lad, Aged About 64 Years Retired Lecturer, Lxminarayan Girls Higher Secondary School, Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh), Pin Code- 492001
---- Petitioners Versus 11
1. State Of Chhattisgarh Through Secretary, Department Of School Edu- cation, Mantralaya, Mahanadi Bhawan, Naya Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh) Pin Code- 492001
2. Secretary, Department Of Finance and Planning, Mantralaya, Ma- hanadi Bhawan, Naya Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh) Pin Code- 492001
3. Director, Directorate Of Public Instruction, Pension Bada, Raipur, Tah- sil, Revenue And Civil District Raipur, (Chhattisgarh) Pin Code
-492001
4. District Education Officer, Raipur, Tahsil, Revenue And Civil District Raipur, (Chhattisgarh), Pin Code- 492001
5. Principal, Government Hindu Higher Secondary School, Raipur, Tah- sil, Revenue And Civil District Raipur (Chhattisgarh) Pin Code 492001
---- Respondents For Petitioners : Mr.S.S.Rajput & Mr.Ashok Kumar Shukla, Advocates For Respondents/State : Mr.Y.S.Thakur, Dy.A.G. Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 27/01/2016
1. In all the above-mentioned writ petitions, identical question of fact and law are involved, therefore, they are directed to be heard analogously and are being disposed of by this common order.
2. All the writ petitioners are Lower Division Teachers, Upper Division Teachers, Head Masters and Lecturers working in 100% government aided schools run by the societies constituted by them. The State Government by its circular dated 1.4.2013 (Annexure P/1) has taken a decision to grant stagnation allowance to the teachers working in the School Education Department as well as Tribal Welfare Depart-
ment to the tune of `600/- per month, which has been declared dying cadre w.e.f. 1.4.2013.
123. The petitioners have been held not entitled for the said allowance by the Director, School Education, on the ground that no decision has been taken by the government in this regard and therefore, allowance cannot be given to them, by its order dated 5.6.2014. Against the aforesaid order, writ petition being WP (S) No.5520 of 2014 filed by Smt.Chitra Nagpal and others came to be disposed of by this Court vide order dated 28.10.2014 directing the State Government to decide the representations of the petitioners within a period of three months.
4. The State Government by its order dated 22.8.2015 rejected the rep-
resentations of the petitioners holding that the cases of the petitioners do not fall within the circular dated 1.4.2013 and the Finance Depart-
ment has also not accepted the proposal, therefore, they are not enti-
tled for such allowance.
5. Now questioning the order dated 22.8.2015 rejecting the representa-
tions of the petitioners as well as claiming stagnation allowance, the present writ petitions have been filed by the petitioners stating in-
ter-alia that the petitioners are entitled for stagnation allowance at par with the government teachers working in the government schools and the respondents cannot discriminate them on the ground that the Fi-
nance Department has not approved the grant of such allowance and as such, they are similarly placed and are entitled for such stagnation allowance at par with the government teachers working in the govern-
ment schools.
6. Return has been filed by the State Government stating inter-alia that claim of the petitioners is based on Rule 33 of the Revised Rule for 13 Grant in Aid to Non-Government Educational Institution, 1979 (here-
inafter referred to as "the Rules of 1979"). It has been further pleaded that Rule 33(i) of the Rules of 1979 does not include allowance and other benefits which are granted to the teachers working in govern-
ment educational institutions, therefore, claim of the petitioners for grant of stagnation allowance at par with the teachers working in the government schools is not acceptable and the writ petition deserves to be dismissed.
7. Mr.S.S.Rajput and Mr.Ashok Kumar Shukla, learned counsel appear-
ing for the petitioners would submit that rejection of benefit of stagna-
tion allowance to the petitioners, who are similarly situated with the government teachers, is clearly discriminatory and irrational as they are similarly placed and order rejecting representation nowhere states that Rule 33(i) of the Rules of 1979 does not include stagnation al-
lowance.
8. On the other hand, Mr.Y.S. Thakur, learned Deputy Advocate General for the State would submit that by virtue of Rule 33(i) of the Rules of 1979, all the petitioners are only entitled for scale of pay at par with the government teachers, but they are not entitled for stagnation al-
lowance and as such, stagnation allowance is granted to a particular class of teachers and granting of stagnation allowance will create fi-
nancial burden upon the State Government. He would further submit that in absence of appropriate approval from the Finance Department, the petitioners are not entitled for such allowance.
149. I have heard learned counsel for the parties and perused the docu-
ments appended with the petitions.
10. The State Government has passed the order on 22.8.2015 pursuant to the order of this Court directing the State Government to take deci-
sion on the representations of the petitioners which states as under:-
NRrhlx< 'kklu Ldwy f'k{kk foHkkx Eak=ky;
Egkunh Hkou] u;k jk;iqj @@vkns'k@@ u;k jk;iqj] fnukad 22-08-2015 dzekad ,Q 18&259@2014@20&nks%% Jherh fp=k ukxiky] lk-f'k- xuir fla/kh izkFkfed 'kkyk] iqjkuh cLrh] jk;iqj ¼N-Xk-½ }kjk foRr ,oa ;kstuk foHkkx ds vkns'k xfrjks/k HkRrk gsrq fjV ;kfpdk dzekad W.P.(S) No.5520/2014 ekuuh; mPp U;k;ky;] fcykliqj ds le{k nk;j fd;k x;k FkkA 2@ ekuuh; mPp U;k;ky; ds vkns'k fnukad 28-10-2014 }kjk ;kfpdk dks lekIr djrs gq;s oknhx.k dks fo'ks"k xfrjks/k HkRrk gsrq vH;kosnu izLrqr djus RkFkk l{ke vf/kdkjh dks vH;kosnu dk fujkdj.k fu;eksa ds vuqlkj djrs gq, fu.kZ; ysus gsrq funsZ'k fn, x, gSA 3@ mDr vkns'k ds izdk'k esa Jherh fp=k ukxiky] lk-f'k-] xuir fla/kh izkFkfed 'kkyk] iqjkuh cLrh] jk;iqj ¼N-Xk-½ }kjk vH;kosnu fnukad 24-12-2014 dks izLrqr fd;k x;kA 4@ fnukad 01-04-2013 dks tkjh fd;k x;k vkns'k dsoy Ldwy f'k{kk foHkkx ,oa vkfne tkfr dY;k.k foHkkx ds Mkbax dSMj ? kksf"kr fd;s tk pqds f'k{kd laoXkZ ds dk;Zjr lHkh lgk;d f'k{kd] f'k{kd@iz/kku ikBd] izkFkfed 'kkyk O;k[;krk@iz/kku ikBd ek/;fed 'kkyk ,oa izkpk;ksZ dks fo'ks"k izdj.k ekurs gq, Lohd`r fd;k x;k gSA v'kkldh; vuqnku izkIr f'k{k.k laLFkkvksa esa dk;Zjr f'k{kd ,oa izkpk;Z laoxZ mijksDr vkns'k dh ifjf/k esa ugha vkrs gSA blds mijkar Hkh foHkkx }kjk v'kkldh; f'k{k.k laLFkkvksa esa dk;Zjr f'k{kd ,oa izkpk;Z laoxZ dks :Ik;s 600@& fo'ks"k xfr- jks/k HkRrk Lohd`r djus dk izLRkko foRr foHkkx dks izsf"kr fd;k x;k FkkA ftls foRr foHkkx }kjk vekU; fd;k x;k gSA 15 5@ vr% jkT; 'kklu ,rn~ }kjk mijksDr rF;ksa ds izdk'k esa Jherh fp=k ukxiky] lk-f'k-] xuir fla/kh izkFkfed 'kkyk] iqjkuh cLrh] jk;iqj ¼N-Xk-½ }kjk izLrqr vH;kosnu fnukad 24-12-2014 dks laiw.kZ fopkjksaijkar vekU; djrk gSA NRrhlx< ds jkT;iky ds uke ls rFkk vkns'kkuqlkj lgh@& ¼lqjsUnz flga ck/ks½ voj lfpo NRrhlx< 'kklu] Ldwy f'k{kk foHkkx
11. A bare perusal of the aforesaid order would show that the State Gov-
ernment has recorded two reasons. Firstly, the petitioner's case does not fall within the circular dated 1.4.2013 and secondly, the Finance Department has not given approval for such grant. The impugned or-
der nowhere states that the petitioners' cases have been considered and they are denied the benefit of stagnation allowance in the light of Rule 33 (i) of the Rules of 1979. The State Government was required to consider as to whether the petitioners are entitled for such stagna-
tion allowance at par with the government teachers working in the government schools who have been granted benefit of stagnation al-
lowance as per circular dated 1.4.2013.
12. Since the matter relates to stagnation allowance and it will cause heavy financial burden upon the State Government and parity claimed by the petitioners at par with the government teachers requires to be considered in the light of the Rules of 1979, the State Government is directed to consider the cases of the petitioners afresh with regard to their entitlement at par with the government teachers particularly in 16 the light of Rule 33 (i) of the Rules of 1979 and pass fresh orders be-
fore proceeding with recovery of the amount which has already paid to the petitioners. Order dated 22.8.2015 stands modified. The peti-
tioners are at liberty to submit their additional representations, if any, within a period of four months from today.
13. In view of above, all writ petitions stand finally disposed of. No order as cost(s).
Sd/-
(Sanjay K. Agrawal) JUDGE B/-