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High Court Of ChhattisgarhWPS/417/2021disposed off

Arvind Kumar Sahu v. State Of Chhattisgarh

2021-02-09Hon'Ble Shri Justice P. Sam Koshy3 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 417 of 2021

1. Arvind Kumar Sahu S/o Battulal Sahu Aged About 50 Years Working As Assistant Teacher (Lb), Govt. Primary School, Patharia, Block Bilaigarh, District Balodabazar-Bhatapara, Chhattisgarh

2. Tikaram Sahu S/o Bisahu Sahu Aged About 52 Years Working As Assistant Teacher (Lb), Govt. Primary School, Mahuldih, Block Bilaigarh, District Balodabazar-Bhatapara, Chhattisgarh

3. Sunder Singh Netam S/o Hari Singh Netam Aged About 50 Years Working As Teacher (Lb),middle School, Chhuiha, Block Bilaigarh, District Balodabazar-Bhatapara

4. Smt. Krishna Jaiswal D/o Damru Prasad Jaiswal Aged About 50 Years Working As Assistant Teacher (Panchayat), Govt. Primary School, Patharia, Block Patharia, District Balodabazar-Bhatapara, Chhattisgarh

5. Anthrace Minju S/o Patras Minj Aged About 45 Years Working As Assistant Teacher (Lb), Govt.H. S. School, Parsapali , Block Bilaigarh, District Balodabazar-Bhatapara, Chhattisgarh

6. Rajkumar Verma S/o Kartikram Verma Aged About 49 Years Working As Assistant Teacher (Lb), Govt. Primary School, Kariyatar, Block- Bilaigarh, District Balodabazar-Bhatapara, Chhattisgarh

7. Dev Prasad Dubey S/o Shri Ram Dubey Aged About 50 Years Working As Assistant Teacher (Lb), Govt. Primary School, Pandravan, Block Bilaigarh, District Balodabazar-Bhatapara, Chhattisgarh

8. Amnath Dhritlahre S/o Aatmaram Dhritlahre Aged About 46 Years Working As Lecturer (Lb), High School Balaudi, Block Bilaigarh, District Balodabazar-Bhatapara, Chhattisgarh

9. Seema W/o Lomas Kumar Pandey Aged About 44 Years Working As Assistant Teacher (Lb), Girls Primary School, Sarsiva, Block Bilaigarh, District Balodabazar-Bhatapara, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Chhattisgarh,

2. The Secretary Government Of Chhattisgarh, Panchayat And Rural Development Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Chhattisgarh, District : Raipur, Chhattisgarh

3. The Chief Executive Officer, Zila Panchayat, District- BalodabazarBhatapara, Chhattisgarh

4. The District Education Officer District Balodabazar- Bhatapara, Chhattisgarh

5. The Chief Executive Officer Janpad Panchayat, Bilaigarh, District Balodabbazar- Bhatapara, Chhattisgarh ---- Respondents For Petitioner :

Mr. K. P. Sahu, Advocate For State :

Mr. Amit Buxy, PL Hon'ble Shri Justice P. Sam Koshy Order on Board 09/02/2021 1.

Learned counsel for the petitioners submits that the petitioners have filed an application that they were working prior to 1998 in the Panchayat Department and they were subsequently absorbed in Education Department. It is contended that the petitioners raised grievance that the amount was being deducted under National Pension Scheme (N.P.S.) from the salary and the N.P.S. has been implemented from 01.01.2004, whereas the petitioners have been appointed in the year 1998; therefore, the deduction under the N.P.S. cannot be made from their salary. It is further contended that the petitioners have made an application that the deduction may not be made under the N.P.S. and they should be allowed to give privilege which was given earlier. It is further contended that the petitioners have made an application to the District Education Officer, which maybe directed to be decided.

2.

At this stage, since limited prayer is made, the petitioners are given liberty to make a fresh representation redressing all the averments to the respondent No.4 within a period of 4 weeks, which shall be decided within a further period of 90 days from the date of receipt of the representation. It is observed that this Court has not made any observation on the merit of this case.

3.

With the aforesaid observation, the petition stands disposed of. Sd/- (P. Sam Koshy) Judge Rohit