Smt. Shakuntala Thakur v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 991 of 2021

1. Smt. Shakuntala Thakur W/o Shri Manoj Kumar Thakur Aged About 54 Years Working As Principal, Government Higher Secondary School, Uslapur, District- Bilaspur, Chhattisgarh.

---Petitioner(s)

Versus

1. State of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, New Raipur, Chhattisgarh.

2. The Director Directorate Of Public Instructions, Raipur, Chhattisgarh.

3. The Accountant General Government Of Chhattisgarh, Raipur, Chhattisgarh.

4. The District Education Officer Bilaspur, District- Bilaspur, Chhattisgarh. ---Respondents For Petitioner :

Shri Kamlesh Kumar Pandey, Advocate.

For Respondent State :

Shri Avinash Singh, Panel Lawyer.

For Respondent 3 :

Shri Raj Kumar Gupta, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 09.03.2021

1. The limited prayer which the petitioner has 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 her obtaining B.Ed./D.Ed. certificate 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 petitioner. The petitioner in this regard have made representations to the respondents which are collectively marked in the petition as Annexure P-4.

-23. 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 respondents 1 & 2 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. 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 respondents 1 & 2 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 petitioner is concerned. The Respondents shall be at liberty to take a decision independently. Sd/- (P. Sam Koshy) Judge inder