Khelan Singh Dhurwe v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 623 of 2018

1. Khelan Singh Dhurwe W/o S/o Shri Dhan Singh Dhurwe Aged About 33 Years Presently Working As Teacher Panchayat At Govt. Middle School, Kui, Block Pandariya, District Kabirdham, Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh

2. Ramnarayan Banjare W/o S/o Shri Janau Ram Banjare Aged About 44 Years Presently Working As Teacher Panchayat At Govt. Middle School, Gaurkapa, Block Pandariya, District Kabirdham, Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Deparrment, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. Director, Panchayat And Rural Development, Department, Indrawati Bhawan, Naya Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

3. Chief Executive Officer, Zila Panchayat, Kabirdham, District Kabirdham, Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh --- Respondents Shri CJK Rao, counsel for the petitioner/s.

Shri Manish Nigam, Panel Lawyer for the State. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 17/01/2018 Learned counsel for the petitioners would submit that the rules applicable to the petitioners did not require obtaining NOC before undertaking higher studies. He would submit that this issue was examined by this Court in WPS No.2530/2017 and batch of petitions in which, order was passed on 28/11/2017. Learned counsel for the petitioners claims that their case is also covered by the said decision. Therefore, their case is required to be examined by respondent No.3 in accordance with the said decision.

Without commenting upon the merits of the case, at this stage, this petition is

disposed off with a direction to respondent No.3 to examine petitioners' claim in the light of order dated 28/11/2017 passed in WPS No.2530/2017 and batch of petitions referred to above and if their cases are found similarly situated, appropriate decision may be taken within a period of four weeks from the date of receipt of copy of this order.

Sd/- (Manindra Mohan Shrivastava) Judge Deepti