Kamlesh Kumar Netam And ORS. v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(S) No. 6137 of 2011

1. Kamlesh Kumar Netam S/o Kalaram Netam, working as Shiksha Karmi Grade-II, Govt. Middle School, Barda, Block Berla, District durg, CG

2. Jagrit Das Barle S/o Kotari Das Barle, Working as Shiksha Karmi Grade 2, Govt. Middle School, Barda, Block Berla, Distt. Durg, CG

3. Smt. Saroj Barle W/o Jagrit Das Barle, Working as Shiksha Karmi Grade 2, Govt. Middle School, Bibhouri Block Berla, Distt. Durg, CG

4. Smt. Malti Markaam W/o Rajesh Kumar Markaam, Working as Shiksha Karmi Grade 2, Govt. Middle School, Barda ,Block Berla, Distt. Durg, CG

5. Devilal Nishad S/o Roop Rai Nishad, Working as Shiksha Karmi Grade 2, Govt. Middle School Berla, Distt. Durg, CG

6. Surendra Kumar Devdas S/o Lakhanlal Devdas Working as Shiksha Karmi Grade 2, Govt. Middle School Budeli, Distt. Durg, CG ---- Petitioners

Versus

1. State of Chhattisgarh through the Secretary, Department of Panchayat and Rural Development, Mantralaya D.K.S. Bhawan, Raipur, Chhattisgarh

2. Director, Department of Panchayat & Rural Development, Raipur, CG

3. Chief Executive Officer, Zila Panchayat, Durg, CG

4. Chief Executive Officer, Janpad Panchayat, Berla, District Durg, CG ---- Respondents For Petitioners :

Shri C. J. K. Rao, Advocate For Respondents/State :

Shri B. Gopa Kumar, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order On Board 17/09/2015 The petitioners who are working on the post of Siksha Karmi Grade-II, through this petition are claiming the benefits at par with the regular employees of the Panchayat Department. 2.

Counsel for the petitioners submits that a similar issue in this regard has already come up before the Division Bench of this Court in a bunch of Writ Appeals, the leading appeal being W.A. No. 321/2011 decided on

15.09.2014. According to the counsel for the petitioners, the present writ petition can also be disposed of in terms of the directions given by the Division Bench on 15.09.2014. He further submits that the co-ordinate Bench of this Court also in W.P.(S) No. 6651/2014 vide its order dated 22.12.2014, had disposed of the writ petition in the light of the decision of the Division Bench dated 15.09.2014.

3.

State counsel also agrees for the case of the petitioners to be disposed of in terms of the order passed by the Division Bench as well as the order passed by the Co-ordinate Bench referred to above. 4.

Accordingly, the instant writ petition is disposed of with a direction that the petitioners may file a representation before the Secretary, Department of Panchayat and Rural Development, State of Chhattisgarh within a period of two weeks from the date of receipt of certified copy. The petitioners shall also file the certified copy of the above referred two orders before the concerned Authority. On such representation being submitted, the Authorities concerned shall decided the claim of the petitioners in terms of the order passed by the Division Bench of this Court in W.A. No.321/2011 dated 15.09.2014 and the order dated 22.12.2014 passed in W.P.(S) No. 6651/2014, objectively. The Authorities should decide the same as expeditiously as possible within a period of three months from the date of receipt of representation. 5.

With the aforesaid observation, the writ petition stands disposed of. Sd/- (P. Sam Koshy) JUDGE Bhola