Ashwani Kumar Sahu vs State Of Chhattisgarh 24 ... on 28 September, 2018

[Cites 0, Cited by 8]

Chattisgarh High Court

Ashwani Kumar Sahu vs State Of Chhattisgarh 24 ... on 28 September, 2018

Bench: P. Sam Koshy

                                              1


                                                                                  NAFR
                    HIGH COURT OF CHHATTISGARH AT BILASPUR
                                     WPS No. 6434 of 2018
         1. Ashwani Kumar Sahu S/o Siya Ram Sahu Aged About 46 Years
            Working As Lecturer (L.B.) At Government Boys Higher Secondary
            School Sakti, Block Sakti, District Janjgir-Champa, Chhattisgarh.
                                                                        ---- Petitioner
                                          Versus
         1. State Of Chhattisgarh Through Secretary, Department Of School
            Education, Mahanadi Bhawan, Mantralaya, Naya Raipur, District
            Raipur, Chhattisgarh., District : Raipur, Chhattisgarh
         2. Secretary Department Of Panchayat And Rural Development,
            Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur,
            Chhattisgarh., District : Raipur, Chhattisgarh
         3. Director Directorate Of Public Instruction, Indravati Bhawan, Naya
            Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh
         4. District Education Officer Sakti, District Janjgir-Champa, Chhattisgarh.,
            District : Janjgir-Champa, Chhattisgarh
         5. Block Education Officer Sakti, District Janjgir-Champa, Chhattisgarh.,
            District : Janjgir-Champa, Chhattisgarh
                                                                      ----Respondents

For Petitioner : Shri Govind Dewangan, Advocate For State : Shri Adhiraj Surana, Dy. Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 28/09/2018

1. The limited prayer which the petitioner has sought in this writ petition is for a direction to respondent no.1 to take a decision on the claim of the petitioners for grant of two advance increments on their obtaining B.Ed./D.Ed. certificate both prior to appointment as well as subsequent to the appointment which is being otherwise provided to the Govt. teachers.

2. The claim of the petitioner is based on the fact that the nature of duties discharged by them as Shiksha Karmis are identical and similar to the government teachers and their services have also now got merged with the Education Department. Therefore, the benefits which are being 2 extended to the government teachers should also be extended to the petitioner. The petitioner in this regard have made representations to the respondents which are collectively marked in the petition as Annexure P-4.

3. Given the nature of dispute and also the fact that the claim of the petitioner would require a policy decision on the part of the State Govt., this court does not intend to keep the petition pending any further, rather ends of justice would meet if the petition is disposed of with a direction to respondents 1 & 2 to take a decision in this regard as to whether the petitioner would also be entitled for similar benefits as are being granted to the regular government teachers. It is ordered accordingly. Let this exercise be concluded within a period of 4 months from the date of receipt of certified copy of this order. It shall be the responsibility of the petitioner to bring the order of this Court to the notice of respondents 1 & 2 along with any fresh representation, if they so prefer.

4. It is made clear that this Court has not expressed anything on merits of the case so far as the entitlement of the petitioner is concerned. The Respondents shall be at liberty to take a decision independently.

Sd/-

(P. Sam Koshy) Judge inder

Unlock Advanced Research with PRISMAI

Chattisgarh High Court