Leelaram Khunte v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1332 of 2018 Leelaram Khunte S/o Shri Mohan Lal Khunte , Aged About 41 Years Working As Lecturer ( Panchayat ) At Government Higher Secondary School Majhgaon Block Kota District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary Department Of Panchayat And Rural Development Mahanadi Bhawan Mantralaya Naya Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Commissoner Cum Director , Directorate Panchayat Department Of Panchayat Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. Zila Panchayat Bilaspur , Through Chief Executive Officer Zila Panchayat Bilaspur District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ....Respondents For Petitioner :

Mr. Hemant Kesharwani, Advocate For State :

Mr. Majid Ali, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order On Board 09.02.2018 Heard.

1.

Learned counsel for the petitioner would submit that the petitioner was appointed under the provisions of Chhattisgarh Panchayat Shiksha Karmi (Recruitment and Conditions of Service) Rules of 2007 without there being any requirement of passing B.Ed / D.Ed exam. He was confirmed and granted regular pay scale also.

2.

Challenge is laid to the action of the respondents based on circulars dated 10/06/2016 and 08/03/2017 which according to the petitioner, seeks to withdraw the monetary benefits like regular pay scale, annual increment and revised pay scale on the ground of not obtaining B.Ed degree. According to learned counsel for the petitioner, the issue raised by the

petitioner was considered in batch of petitions i.e. WPS No.4271/2017 (Jayant Kumar Patle vs. State of Chhattisgarh and ors.) and other cases by this Court vide order 03/11/2017. Therefore, the petitioner be also granted similar relief. 3.

Learned State counsel would submit that the Court considered cases of teachers in different categories enumerated in para 6 of the said order. The petitioner being an appointee under the Rules of 2007 would require consideration in terms of the direction contained in para 46 of the said order. 4.

Learned counsel for the petitioner would submit that the petitioner is already getting regular pay scale and increments also and the consideration would be confined to grant of revised pay scale. 5.

The petitioner's case for grant of revised pay scale will have to be considered in terms of the order passed by this Court in the case of Jayant Kumar Patle (supra), in so far as other claim for grant of revised pay scale is concerned.

6.

With the aforesaid observations, this petition is finally disposed off. Sd/- (P. Sam Koshy) Judge Rekha