Swati Anand v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1419 of 2020 • Swati Anand W/o Prakash Anand, R/o Magarpara, Bilaspur, Chhattisgarh. 495006 ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Education Department, Mahanadi Bhawan New Mantralaya Raipur, Chhattisgarh.

2. District Education Officer Bilaspur, Chhattisgarh.

3. Chief Execution Officer, Zila Panchayat Bilaspur, District Bilaspur, Chhattisgarh.

---- Respondents For Petitioners :

Shri Aman Pandey, Advocate For Respondents/State :

Shri Kunal Das, P.L.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 03/03/2020

1. The limited prayer which the petitioners have 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 their obtaining B.Ed./D.Ed. certificate both prior to appointment as well as 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 petitioners.

3. 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 respondent 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. The petitioner shall file a fresh representation within a period of 3 weeks from today and if such representation is filed the same shall be decided. 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 respondent 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 petitioners are concerned. The Respondents shall be at liberty to take a decision independently. Sd/- Goutam Bhaduri Judge Jyoti