High Court Of ChhattisgarhWPS/813/2016disposed off

Shankar Lal Mandavi v. State Of Chhattisgarh

2016-03-21Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 813 of 2016 Shankar Lal Mandavi S/o Shri Bhadruram Mandavi, Aged About 49 Years Posted As Headmaster, Government High School, Nanipadar, R/o Behind Sargipalpara, Kondagaon, District Kondagaon (Chhattisgarh). ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Scheduled Caste & Scheduled Tribe Development Department, Mahanadi Bhawan, Mantralaya, New Raipur (Chhattisgarh).

2. The Commissioner, Scheduled Caste And Scheduled Tribal Development Department, Chhattisgarh, Raipur (Chhattisgarh).

3. The Assistant Commissioner, Tribal Development, Kondagaon, District Kondagaon (Chhattisgarh).

4. The Assistant Commissioner, Tribal Development, Jagdalpur, District Bastar (Chhattisgarh).

---- Respondents For Petitioner:

Mr. D.N. Prajapati, Advocate For Respondents/State:

Mr. Adhiraj Surana, Dy. Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 21.03.2016

1. The present Writ Petition has been filed by the Petitioner seeking direction to the Respondents for considering his case for grant of two advance increments in the light of the qualification of Diploma in Education which the Petitioner has obtained during the course of the employment.

2. Learned Counsel for the Petitioner submits that identical issue has already been decided by this Court on 03.04.2006 in W.P. No. 3977/2003 (Yashwant Kumar Bharadwaj Vs. Municipal Corporation and Anr). Learned Counsel also relies upon Annexure P/8 dated 16.10.2014 the order passed by the State Government in the light of the earlier decisions rendered by this Court.

3. Learned State Counsel submits that the present Writ Petition can be disposed in terms of the order passed by this Court in W.P. No. 3977/2003 (Yashwant Kumar Bharadwaj Vs. Municipal Corporation and Anr) without prejudice to the rights of the State to verify the credentials of the present Petitioner.

4. Accordingly, the present Writ Petition stands allowed and is disposed in terms of the order passed by this Court in the case of Yashwant Kumar & Bharadwaj (supra) without prejudice to the rights of the State Government for verifying the credential of the Petitioner before granting the relief.

5. The Writ Petition is allowed and disposed. Sd/- (P. Sam Koshy) JUDGE kishore