Chattisgarh High Court
Narhar Dev Jurri vs State Of Chhattisgarh 54 ... on 25 September, 2018
Author: P. Sam Koshy
Bench: P. Sam Koshy
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NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 6292 of 2018
1. Narhar Dev Jurri S/o Prem Singh Jurri, Aged About 36 Years, R/o
Bhataguda Jagdalpur Post Jagdalpur, District Bastar, Chhattisgarh.
2. Domuram Kashyap S/o Late Gorsaram, Aged About 40 Years, R/o
Village Devada Khaspara, Post Sonarpal, Tahsil Bastar, District Bastar,
Chhattisgarh.
3. Punauram Netam S/o Dansay Netam, Aged About 39 Years, R/o Village
Nandpura Manjhalipara, Post Baniyagaon, District Bastar, Chhattisgarh.
4. Padamram Kashyap S/o Late Lakhmuram Kashyap, Aged About 49
Years, R/o Bade Amawal Khalepara, Police Station Bhanpuri, District
Bastar, Chhattisgarh.
5. Khetimal Deewan S/o Baidnath Deewan, Aged About 38 Years, R/o
Village Hirlabhata, Post Shivani, Police Station Bhanpuri, District
Bastar, Chhattisgarh.
6. Kundan Ram Pandey S/o Late Budhram Pandey, Aged About 40 Years,
R/o Kumharpara Devada, Post Sonarpa, District Bastar, Chhattisgarh.
7. Maish Ram Deewan S/o Phooldas Deewan, Aged About 51 Years, R/o
High School Para, Village And Post Sivani, District Bastar,
Chhattisgarh.
8. Parmanand Kanoujiya S/o Kisan Lal, Aged About 39 Years, R/o
Kasdoula Bhanpuri, Near Old Water Tank Bastar, Tahsil Bastar, District
Bastar, Chhattisgarh.
9. Sukmanram Kashyap S/o Pilsay Kashyap, Aged About 50 Years, R/o
Village Chamiya, Temaruguda Para, Post Sivani, Police Station
Bhanpuri, District Bastar, Chhattisgarh.
10. Shobhiram Baghel S/o Beturam Baghel, Aged About 41 Years, R/o
Village Guriya, District Bastar, Chhattisgarh.
11. Baisakhuram Kashyap S/o Late Sukhnath Kashyap, Aged About 35
Years, R/o Village Sivani Khalepara, District Bastar, Chhattisgarh.
12. Rupdhar Netam S/o Late Dhanoram Netam, Aged About 43 Years, R/o
Village Post Bagmohlai Gadiyapara, Post Bagmohlai, District Bastar,
Chhattisgarh.
13. Khageshwar Negi S/o Late Laxminath Negi, Aged About 49 Years, R/o
Badealnar, Post Sivani, District Bastar, Chhattisgarh.
14. Vikas Kumar Rawate S/o T R Rawate, Aged About 35 Years, R/o Main
Road Sonarpal, Police Station Bhanpuri, District Bastar, Chhattisgarh.
15. Sanjay Tiwari S/o Late Rudramani Tiwari, Aged About 47 Years, R/o
Main Road Bhanpuri, District Bastar, Chhattisgarh.
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16. Premnath Deewan S/o Late Aayaturam Deewan, Aged About 44 Years,
R/o Village Bade Amabal, Police Station Bhanpuri, District Bastar,
Chhattisgarh.
---Petitioners
Versus
1. State Of Chhattisgarh Through The Secretary, Department Of School
Education, Mantralaya, Naya Raipur, Police Station Rakhi, District
Raipur, Chhattisgarh.
2. District Education Officer, Police Station Kotwali, Jagdalpur District
Bastar, Chhattisgarh.
3. The Chief Executive Officer, District Panchayat Jagdalpur, District
Bastar, Chhattisgarh.
---Respondents
For petitioners : Shri P.K.Tulsyan, Advocate.
For State : Shri Arvind Dubey, Panel Lawyer.
Hon'ble Shri Justice P. Sam Koshy
Order on Board
25/09/2018
1. The limited prayer which the petitioners have 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 petitioners 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 extended to the government teachers should also be extended to the petitioners. The 3 petitioners 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 petitioners 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 petitioners 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 petitioners are concerned. The Respondents shall be at liberty to take a decision independently.
Sd/-
(P. Sam Koshy)
Sumit JUDGE