Kalaram Ganda, v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2046 of 2018 Kalaram Ganda, S/o Shri Gangaram Ganda Aged About 37 Years Working As Assistant Teacher (Panchayat), Government Primary School, Chicholi Block- Kartala, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan, New Raipur, P. S. Rakhi, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. The Director, Public Instructions Chhattisgarh, Block-3 First Floor, Indravati Bhawan, New Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

3. The Commissioner- Cum- Director, Panchayat And Social Welfare, Directorate Of Panchayat, 36- C- Ill, Block- Il, Second Floor, Indravati Bhawan, New Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

4. The Chief Executive Officer, Zila Panchayat, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh

5. The Chief Executive Officer, Janpad Panchayat Kartala, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh

6. The Chief Executive Officer, Janpad Panchayat, Block District- Korba, Chhattisgarh., District : Korba, Chhattisgarh --Respondents For Petitioner :

Mr. V.R. Tiwari, Advocate For State :

Mr. Majid Ali, Dy. G.A.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 15.03.2018 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/- (Manindra Mohan Shrivastava) Judge Rekha