Tulas Ram Chandrakar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 271 of 2018

1. Tulas Ram Chandrakar Son Of Ramnath Chandrakar, Aged About 35 Years Working As Teacher Panchayat Govt. Middle School, Mahli, Block Pandariya, District Kabirdham, Chhattisgarh.

2. Vijay Kumar Chandel, Son Of Shri Dhalgan Ram Chandel, Aged About 43 Years Working As Teacher Panchayat, Govt. Middle School, Udka, Block Pandariya, District Kabirdham, Chhattisgarh.

3. Kejha Ram Nirmalkar, Son Of Shri Samaliya Ram Nirmalkar, Aged About 43 Years Working As Teacher Panchayat, Govt. Middle School, Kothar, Block Kawardha, District Kabirdham, Chhattisgarh.

4. Narendra Kumar Chandel, Son Of Late Swaroop Singh Chandel, Aged About 46 Years Working As Teacher Panchayat, Govt. Middle School, Ramhepur Khurd, Block Kawardha, District Kabirdham, Chhattisgarh.

5. Rajesh Kumar Verma, Son Of Shri Govardhan Prasad Verma, Aged About 48 Years Working As Teacher Panchayat, Govt. Middle School, Ramhepur Khurd, Block Kawardha, District Kabirdham, Chhattisgarh. ---- Petitioners

Versus

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

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

3. Chief Executive Officer, Zila Panchayat, Kabirdham, District Kabirdham, Chhattisgarh.

---- Respondents Shri CJK Rao, counsel for the petitioner/s.

Shri A.S.Kachhawaha, Addl. A.G. for the State. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 10/01/2018 Learned counsel for the petitioner would submit that the rules applicable to the petitioner 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 petitioner claims that his case is also covered by the said decision. Therefore, his 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 petitioner's 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 his case is 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