Dakeshwar Prasad Verma v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.428 of 2018 Smt. Nirmala Pandey, W/o Shri Rajesh Jakriya, aged about 39 years, working as Lecturer (Panchayat) and posted at Govt. Mahatma Gandhi Higher Secondary School Riwa, Block Arang, District Raipur
2. Chief Executive Officer, Zila Panchayat, Raipur, District Raipur (C.G.) Writ Petition (S) No.435 of 2018 Smt. Nirmala Sahu, W/o Lokesh Sahu, aged about 39 years, working as Teacher Panchayat, Govt. Middle School, Basin, Block Gurur, District Balod (C.G.)
3. Chief Executive Officer, Jila Panchayat, Durg, District Durg (C.G.)
4. Chief Executive Officer, Jila Panchayat, Balod, District Balod (C.G.) Writ Petition (S) No.441 of 2018 Rajesh Kumar Sonkar, S/o Awadh Ram, aged about 42 years, working as Lecturer Panchayat, Govt. Higher Secondary School, Tonatar, Block Bhatara, District Baloda Bazar-Bhatapara (C.G.)
4. Chief Executive Officer, Jila Panchayat, Baloda Bazar, District Baloda Bazar-Bhatapara (C.G.) Writ Petition (S) No.442 of 2018 Smt. Monalisa Shrivastava, W/o Shri Prashant Kumar Shrivastava, D/o Jagdish Prasad Sinha (before marriage Smt. Monalisa Sinha), aged about 37 years, working as Lecturer (Panchayat) and posted at Govt. High School Kalamitar, Block Kota, District Bilaspur (C.G.)
2. Chief Executive Officer, Zila Panchayat, Bilaspur, District Bilaspur Writ Petition (S) No.443 of 2018 Pushpanjali Deewan, W/o Jhalendra Kumar Deewan, aged about 33 years, Shikshak Panchayat, Govt. Boys Middle School, Kopra, Block Fingeshwar, District Gariyaband (C.G.)
1. State of Chhattisgarh, Through Secretary, Department of Panchayat, Mahanadi Bhavan, New Raipur, District Raipur (C.G.)
2. State of Chhattisgarh, Through Secretary, Department of School Education, Mahanadi Bhavan, Mantralaya, New Raipur, District Raipur (C.G.)
3. Jila Panchayat Gariyaband, through Chief Executive Officer, Jila Panchayat Gariyaband (C.G.)
4. Janpad Panchayat Fingeshwar, through Chief Executive Officer, Janpad Panchayat, Fingeshwar, District Gariyaband (C.G.) Writ Petition (S) No.449 of 2018 Smt. Daleshwari Verma, W/o Gunendra Kumar Verma, aged about 30 years, working as Teacher Panchayat, Govt. Middle School, Ugetara, Block Abhanpur, District Raipur (C.G.)
Writ Petition (S) No.451 of 2018 Rakesh Chandrakar, S/o Shri Nilkanth Chandrakar, aged about 40 years, working as Assistant Teacher (Panchayat) and posted at Govt. Higher Secondary School Raitum, District Mahasamund (C.G.)
2. Chief Executive Officer, Jila Panchayat, Mahasamund (C.G.)
3. Chief Executive Officer, Janpad Panchayat, Mahasamund (C.G.) Writ Petition (S) No.452 of 2018 Suresh Kumar, S/o Late Tejram Sahu, aged about 47 years, working as Lecturer Panchayat, Govt. High School, Dhurawat, Block Nagari, District Dhamtari (C.G.)
3. Chief Executive Officer, Jila Panchayat Dhamtari, District Dhamtari Writ Petition (S) No.453 of 2018 Bhuwan Lal Bais, S/o Shri Shiv Ram Bais, aged about 43 years, working as Teacher (Panchayat) and posted at Govt. Middle School Kurra, Block Kurud, District Dhamtari (C.G.)
2. Chief Executive Officer, Zila Panchayat, Dhamtari, District Dhamtari Writ Petition (S) No.454 of 2018 Rajendra Kumar Markam, S/o Late Shri Ramswarup Markam, aged about 31 years, working as Teacher (Panchayat) and posted at Govt. Middle School Badekhauli, Block Keshkal, District Kondagaon (C.G.)
2. Chief Executive Officer, Zila Panchayat, Kondagaon, District Kondagaon (C.G.) Writ Petition (S) No.456 of 2018 Sheshnarayan Chandrakar, S/o Late Shri Prahlad Ram Chandrakar, aged about 33 years, working as Lecturer (Panchayat) and posted at Govt. Higher Secondary School Maraud, Block Kurud, District Dhamtari (C.G.)
2. Chief Executive Officer, Zila Panchayat, Dhamtari, District Dhamtari Writ Petition (S) No.457 of 2018 Tameshwar Kumar Nishad, S/o Shri Tiharu Ram Nishad, aged about 39 years, working as Lecturer (Panchayat) and posted at Govt. Higher Secondary School Bhendra, Block Kurud, District Dhamtari
2. Chief Executive Officer, Zila Panchayat, Dhamtari, District Dhamtari Writ Petition (S) No.458 of 2018 Govind Prasad Sahu, S/o Shri Krishna Lal Sahu, Age 39 years, working as Lecturer (Panchayat) and posted at Govt. Higher Secondary School Sikosa, Block Gunderdehi, District Balod (C.G.)
2. Chief Executive Officer, Jila Panchayat, Balod, District Balod (C.G.) Writ Petition (S) No.459 of 2018 Dakeshwar Prasad Verma, S/o Kushalik Ram Verma, aged about 46 years, working as Lecturer Panchayat, Govt. Higher School, Mohra, Block Simga, District Baloda Bazar-Bhatapara C.G.)
4. Chief Executive Officer, Jila Panchayat, Baloda Bazar, District Baloda Bazar-Bhatapara (C.G.) Writ Petition (S) No.460 of 2018 Ranjit Kumar, S/o Shri Shivshankar Sinha, aged about 41 years, working as Teacher (Panchayat) and posted at Govt. Middle School Kandsar, Block Mainpur, District Gariyaband (C.G.)
2. Chief Executive Officer, Jila Panchayat, District Gariyaband (C.G.)
Writ Petition (S) No.461 of 2018 Smt. Mamta Sahu, W/o Shri B.B. Sahu, aged about 44 years, working as Lecturer (Panchayat) and posted at Govt. Higher Secondary School Riwa, (Lakhauli), Block Arang, District Raipur (C.G.)
2. Chief Executive Officer, Jila Panchayat, Raipur, District Raipur (C.G.) Writ Petition (S) No.463 of 2018 Komal Singh Sahu, S/o Sudarshan Lal Sahu, aged about 35 years, working as Lecturer Panchayat, Govt. Higher School, Sejbahar, Block Nagri, District Dhamtari (C.G.)
4. Chief Executive Officer, Jila Panchayat, Dhamtari, District Dhamtari Writ Petition (S) No.464 of 2018 Om Prakash Dewangan, S/o Shri Sudama Prasad, aged about 31 years, working as Lecturer (Panchayat) and posted at Govt. Higher Secondary School Tavera, District Balod (C.G.)
2. Chief Executive Officer, Jila Panchayat, Balod, District Balod (C.G.) Writ Petition (S) No.466 of 2018 Harish Kumar, S/o Shri Kanhaiya Lal Dewangan, aged about 36
years, working as Teacher (Panchayat) and posted at Govt. Middle School Lawatara, Block Berla, District Bemetara (C.G.)
2. Chief Executive Officer, Zila Panchayat, Bemetara, District Bemetara Writ Petition (S) No.467 of 2018
1. Atma Ram Sahu, S/o Angrahij Sahu, aged about 42 years, working as Lecturer Panchayat, Govt. Boys Higher School, Magarlod, Block Magarlod, District Dhamtari (C.G.)
2. Smt. Mamta Sahu, W/o Geeta Ram Sahu, aged about 34 years, working as Teacher Panchayat, Govt. Middle School, Mode, Block Nagri, District Dhamtari (C.G.) ---- Petitioners
4. Chief Executive Officer, Jila Panchayat, Dhamtari, District Dhamtari Writ Petition (S) No.468 of 2018 Smt Shalini Nayak, W/o Shri Manish Nayak, aged about 38 years, working as Teacher (Panchayat) and posted at Govt. Higher Middle School Nardha, District Durg (C.G.)
2. Chief Executive Officer, Jila Panchayat, Durg, District Durg (C.G.) Writ Petition (S) No.469 of 2018
Smt Sashi Ghoshle, W/o Rajesh Ghoshle, Age 39 years, working as Lecturer (Panchayat) and posted at Govt. Higher Secondary School Dasrangpur, District Mungeli (C.G.)
2. Chief Executive Officer, Jila Panchayat, Mungeli, District Mungeli Writ Petition (S) No.470 of 2018 Smt. Homlata Sahu, W/o Shri Nand Kumar Sahu, aged about 39 years, working as Teacher (Panchayat) and posted at Govt. Balak Middle School Madeli, Block Kurud, District Dhamtari (C.G.)
2. Chief Executive Officer, Zila Panchayat, Dhamtari, District Dhamtari Writ Petition (S) No.471 of 2018 Rajendra Kumar Verma, S/o Shri Ranjan Lal Verma, aged about 38 years, working as Lecturer (Panchayat) and posted at Govt. Higher Secondary School Madiyan, District Rajnandgaon (C.G.)
2. Chief Executive Officer, Jila Panchayat, District Rajnandgaon (C.G.) Writ Petition (S) No.472 of 2018 Smt. Sadhana Sahu, W/o Janakram Sahu, aged about 45 years, working as Teacher (Panchayat) and posted at Govt. Middle School Kanidabari, Block Dhamtari, District Dhamtari (C.G.)
2. Chief Executive Officer, Zila Panchayat, Dhamtari, District Dhamtari Writ Petition (S) No.473 of 2018 Smt. Kirti Lata Sahu, W/o Komal Sahu, aged about 33 years, working as Lecturer Panchayat, Govt. Higher Secondary School, Silyari, Block Dharsiwa, District Raipur (C.G.) Writ Petition (S) No.481 of 2018 Akash Parihar, D/o Shri Satyaki Singh Parihar, aged about 46 years, working as Lecturer (Panchayat) and posted at Govt. Middle School Fasterpur, District Mungeli (C.G.)
2. Chief Executive Officer, Jila Panchayat, Mungeli, District Mungeli Writ Petition (S) No.482 of 2018 Smt. Swati Chandrakar, W/o Mahendra Chandrakar, aged about 36 years, working as Lecturer (Panchayat) and posted at Govt. Higher Secondary School Katalbod, Block Kurud, District Dhamtari (C.G.)
2. Chief Executive Officer, Zila Panchayat, Dhamtari, District Dhamtari Writ Petition (S) No.483 of 2018 Preety Singh Parihar, W/o Akash Parihar, Age 38 years, working as Lecturer (Panchayat) and posted at Govt. Higher Secondary School Dharampura, District Mungeli (C.G.)
2. Chief Executive Officer, Jila Panchayat, Mungeli, District Mungeli Writ Petition (S) No.484 of 2018 Geyendra Kumar Sahu, S/o Shri Devaram Sahu, aged about 31 years, working as Lecturer (Panchayat) and posted at Govt. Higher Secondary School Tavera, District Balod (C.G.)
2. Chief Executive Officer, Jila Panchayat, Balod, District Balod (C.G.) For Petitioners:
Mr. Ajay Shrivastava, Mr. Vimlesh Bajpai and Mr. C. Jayant K. Rao on behalf of Mr. Harish Khuntiya, Advocates.
For Respondents/State: Mr. D.R. Minj, Deputy Govt. Advocate. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 12/01/2018 Heard.
1.
Learned counsel for the parties would submit that the issue raised in these petitions is squarely covered by order dated 28.11.2017 passed by this Court in WPS No.2530/2017 (Mukesh Kumar Patel and another v. State
of Chhattisgarh and another) and batch of petitions, wherein the circular dated 23.04.2016 has been quashed, petitions are allowed and it has been declared that the petitioners therein shall be entitled to obtain the benefit of revised pay-scale on completion of 8 years service by including the services rendered by them on a lower post or on the same post. 2.
In view of the aforesaid submission and that the impugned order and action is based on circular dated 23.04.2016 which has been quashed in the case referred to herein above, these petitions also deserve to be allowed and are hereby allowed with a direction that the petitioners shall be entitled to obtain the benefit of revised pay-scale on completion of 8 years service by including the services rendered by them on a lower post or on the same post.
3.
No order as to cost(s).
Sd/- (Sanjay K. Agrawal) Judge Soma