Lalit Kumar Verma And ORS. v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2380 of 2014

1. Lalit Kumar Verma S/o Shri Tulsi Ram Verma, Aged About 35 Years, Teacher (Panchayat), Govt. Middle School Cherakapur, Police Station & Block - Palari, Civil And Revenue Distt Balodabazar- Bhatapara, Chhattisgarh

2. Ishwar Prasad Markandey S/o Shri Jahngalu Ram Markandey Aged About 43 Years, Teacher (Panchayat), Govt. Middle School Cherakapur, Police Station & Block - Palari, Civil And Revenue Dist Balodabazar- Bhatapara, Chhattisgarh

3. Arun Kumar Sahu S/o Shri Bhulau Ram Sahu, Aged About 45 Years Teacher (Panchayat), Govt. Middle School Cherakapur, Police Station & Block Palari, Civil And Revenue Distt Balodabazar- Bhatapara, Chhattisgarh

4. Bihari Lal Sahu S/o Shri Tijau Ram, Aged About 40 Years, Teacher (Panchayat), Govt. Middle School Cherakapur, Police Station & Block Palari, Civil And Revenue Distt Balodabazar- Bhatapara, Chhattisgarh

5. Bishnu Prasad Dhruv S/o Shri Birjhu Ram Dhruv Aged About 42 Years Teacher (Panchayat), Govt. Middle School Gadabhatha, Police Station & Block Palari, Civil And Revenue Distt Balodabar - Bhatharapa, Chhattisgarh

6. Srawan Kumar Yadav S/o Shri Sahalram, Aged About 46 Years, Assistant Teacher (Panchayat), Govt. Primary School Kosmanda, Police Station & Block Palari, Civil And Revenue Distt Balodabazar- Bhatapara, Chhattisgarh

7. Ravindra Kumar Patel S/o Shri Dhelu Ram Patel Aged About 50 Years Assistant Teacher (Panchayat), Govt. Primary School Keshla, Police Station & Block Palari, Civil And Revenue Distt Balodabazar - Bhatapara, Chhattisgarh

8. Kunjbihari Verma S/o Shri Mahet Ram Verma Aged About 40 Years, Assistant Teacher (Panchayat), Govt. Primary School Amlidih, Police Station & Block Palari, Civil And Revenue Distt Balodabazar - Bhatapara, Chhattisgarh

9. Bihari Lal Patel S/o Shri Natthu Lal, Aged About 49 Years, Teacher (Panchayat), Govt. Middle School Kosmandi, Police Station & Block Palari, Civil And Revenue Distt Balodabazar Bhatapara, Chhattisgarh 10.Mahesh Ram Dhruv S/o Shri Chinta Ram, Aged About 40 Years, Assistant Teacher (Panchayat), Govt. Middle School Bitkuli, Police Station & Block Balodabazar, Civil And Revenue Distt Balodabazar Bhatapara, Chhattisgarh

11. Hemant Kumar Verma S/o Shri Mant Ram Verma, Aged About 43 Years, Lecrturer (Panchayat), Govt. Higher Secondary School watgan (Pallari), Police Station & Block Palari, Civil And Revenue Distt Balodabazar Bhatapara, Chhattisgarh ---- Petitioners

Versus

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

2. Chief Executive Officer, District Panchayat Raipur, Distt Raipur, Chhattisgarh

3. Chief Executive Officer, Palari, Distt Balodabazar- Bhatapara, Chhattisgarh

4. Block Education Officer, Block - Palari, Distt Balodabazar- Bhatapara, s Chhattisgarh ---- Respondents For Petitioners :

Shri A.S. Rajput, Advocate For Respondents/State :

Shri Ravish Verma, G.A.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 02/12/2019

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 petitioner 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 extended to the government teachers should also be extended to the petitioners. The 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 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 respondent 1 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. The petitioner shall file a fresh representation within a period of 3 weeks from today and if such representation is filed the same shall be decided. 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 respondent 1 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/- Goutam Bhaduri Judge Jyoti