Chunlesh Kumar Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 362 of 2017 1.

Chunlesh Kumar Sahu S/o Late Shri Gyandas Sahu, Aged About 48 Years Post Teacher Panchayat, Posted At Government Middle School Bhedikala, R/o Gokuldham Society, Gokulnagar, Ward No. 45, Kourinbhata, Rajnandgaon, Block & Tahsil Rajnandgaon, District Rajnandgaon (Chhattisgarh)

2. Dilip Kumar Verma, S/o Shri Pukan Lal Verma, Aged About 47 Years Post Lecturer Panchayat, Posted At Govt. H. S. School Station Murhipar, Block & Tahsil Rajnandgaon, District

3. Parmanand Sahu, S/o Shri Ram Prasad Sahu, Aged About 42 Years Post Teacher Panchayat, Posted At Government Middle School Dilapahri, Block & Tahsil Rajnandgaon, District

4. Sudhir Kumar Sinha, S/o Shri Jagdev Kumar Sinha, Aged About 48 Years Post Teacher Panchayat, Posted At Government M. S. Bhedikala, Block & Tahsil Rajnandgaon, District Rajnandgaon

5. Smt. Anju Bhoyar, W/o Shri Ravindra Bhoyar, Aged About 44 Years Post Teacher Panchayat, Posted At Government Middle School Dhaba, Block & Tahsil Rajnandgaon, District

6. Prem Singh Pishda, S/o Shri Pyare Lal Pishda, Aged About 42 Years Post Asst. Teacher Panchayat, Posted At Govt. P. S. Bundelikhurd Block & Tahsil Rajnandgaon, District Rajnandgaon

7. Amjad Ali, S/o Shri Hasan Ali, Aged About 37 Years Post Teacher Panchayat, Posted At Govt. Middle School Sundra, Block & Tahsil Rajnandgaon, District Rajnandgaon

8. Hemant Kumar Dondilkar, S/o Shri Vasant Rao Dondilkar, Aged About 43 Years Post Teacher Panchayat, Posted At Government H.S. School Murhipar, Block & Tahsil Rajnandgaon, District Rajnandgaon (Chhattisgarh)

9. Rajendra Kumar Vaishnav, S/o Shri Madan Das Vaishnav, Aged About 46 Years Post Asst. Teacher Panchayat, Posted At Government P. S. Khairjhiti, Block & Tahsil Rajnandgaon,

10.

Smt. Versha Kathane, W/o Shri Manish Kathane, Aged About 36 Years Post Asst. Teacher Panchayat, Posted At Government P. S. Khairjhiti, Tahsil & District Rajnandgaon 11.

Smt Savita Ganvir, W/o Shr Kishore Ganvir, Aged About 46 Years Post Teacher Panchayat, Posted At Government M. S. Bakal, Block Dongargaon, Tahsil & District Rajnandgaon 12.

Smt. Devki Sinha, W/o Shri Sudhir Kumar Sinha, Aged About 43 Years Post Teacher Panchayat, Posted At Government M. S. Bhathagaon, Block & Tahsil Rajnandgaon, 13.

Chetan Anand Verma, S/o Shri Rajendra Kumar Verma, Aged About 35 Years Post Lecturer Panchayat, Posted At Government High School Harduwa, Block & Tahsil Rajnandgaon, District Rajnandgaon (Chhattisgarh) 14.

Jyoti Dewangan, W/o Shri Jagat Ram Dewangan, Aged About 39 Years Post Teacher Panchayat, Posted At Government Middle School Kakrel, Tahsil & District 15.

Trilok Dewangan, S/o Shri Jagat Ram Dewangan, Aged About 37 Years Post Lecturer Panchayat, Posted At Government Higher Secondary School Bhaishatara, Tahsil & 16.

Ashlekha Dewangan, W/o Shri Trilok Dewangan, Aged About 32 Years Post Teacher Panchayat, Posted At Government Middle School Stateshan Mudipar, Tahsil & District 17.

Reena Dewangan, W/o Shri Ajay Dewangan, Aged About 31 Years Post Asst. Teacher Panchayat, Posted At Government Primary School Batgaon, Tahsil & District Rajnandgaon 18.

Kirti Dewangan, W/o Shri Arjun Dewangan, Aged About 34 Years Post Teacher Panchayat, Posted At Government Middle School Bodena, Block Gunderdehi, District Balod 19.

Lalchand Madame, S/o Shri Kishan Lal Madame, Aged About 47 Years Post Asst. Teacher Panchayat, Posted At Government Primary School Joratarai, Tahsil & District 20.

Jwala Giri Goswami, S/o Shri A. G. Goswami, Aged About 49 Years Post Teacher Panchayat, Posted At Government

Middle School Kakrel, Block & Tahsil Rajnandgaon, District 21.

Smt. Uttara Tiwari, W/o Shri Suryahas Tiwari, Aged About 44 Years Post Asst. Teacher Panchayat, Posted At Government Primary School Dharmapur, Tahsil & District Rajnandgaon 22.

Jatiraj Bahadur Deshlahara, S/o Shri Balloo Ram Deshlahara, Aged About 43 Years Post Teacher Panchayat, Posted At Government Middle School Indamara, Tahsil & 23.

Smt. Kalyani Yadav, W/o Shri Sudesh Yadav, Aged About 48 Years Post Asst. Teacher Panchayat, Posted At Government Primary School Joratarai, Tahsil & District Rajnandgaon 24.

Smt. Meenakshi Sinha, W/o Shri B. K. Sinha, Aged About 37 Years Post Teacher Panchayat, Posted At Government Middle School Bhedikala, Block & Tahsil Rajnandgaon, District 25.

Rajesh Kumar Kanware, S/o Shri Gendlal Kanware, Aged About 42 Years Post Asst. Teacher Panchayat, Posted At Govt. P. S. Bhedikala, Block & Tahsil Rajnandgaon, District 26.

Smt. Kaushal Bharti Yadu, W/o Shri Vinod Yadav, Aged About 43 Years Post Asst. Teacher Panchayat, Posted At Govt. P. S. Manki, Block & Tahsil Rajnandgaon, District Rajnandgaon 27.

Shatruhan Sahu, S/o Shri Jamuna Lal Sahu, Aged About 37 Years Post Asst. Teacher Panchayat, Posted At Govt. P. S. Surgi, Block & Tahsil Rajnandgaon, District Rajnandgaon 28.

Smt. Preet Bai Sahu, W/o Shri Shatruhan Sahu, Aged About 34 Years Post Asst. Teacher Panchayat, Posted At Govt. P. S. Kotra Bhantha, Tahsil & District Rajnandgaon 29.

Smt. Hemlata Verma, W/o Shri Dilip Verma, Aged About 38 Years Post Asst. Teacher Panchayat, Posted At Govt. P. S. Bhardakhurda, Block & Tahsil Rajnandgaon, District 30.

John Livingstone, S/o Shri Walter Livingstone, Aged About 54 Years Post Asst. Teacher Panchayat, Posted At Govt. P. S. Devdongar, Block & Tahsil Rajnandgaon, District

31.

Brijesh Verma, S/o Late Shri Milan Verma, Aged About 48 Years Post Lecturer Panchayat, Posted At Govt. H. S. School Bakhat Rengakathera, Block & Tahsil Rajnandgaon, District 32.

Smt. Nisha Thakur, W/o Shri Sunil Thakur, Aged About 42 Years Post Teacher Panchayat, Posted At Govt. Middle School Thakurtola, Block & Tahsil Rajnandgaon, District Rajnandgaon 33.

Surendra Kumar Bhardwaj, S/o Late Shri Firturam Bhardwaj, Aged About 47 Years Post Asst. Teacher Panchayat, Posted At Govt. P. S. Kakrel, Tahsil & District Rajnandgaon 34.

Gyaneshwar Lal Sahu, S/o Shri Jeevan Lal Sahu, Aged About 50 Years Post Teacher Panchayat, Posted At Govt. Middle School Thakurtola, Block & Tahsil Rajnandgaon, District 35.

Shrikesh Kumar Sharma, S/o Late Shri Shiv Kumar Sharma, Aged About 48 Years Post Lecturer Panchayat, Posted At Govt. H.S. School Tilai Rajnandgaon, Tahsil & District 36.

Vinod Ravna, S/o Shri Sarju Prasad Ravna, Aged About 44 Years Post Lecturer Panchayat, Posted At Government H.S. School Station Murhipar, Block & Tahsil Rajnandgaon, District 37.

Shanker Lal Mandavi, S/o Shri Bali Ram Mandavi, Aged About 47 Years Post Teacher Panchayat, Posted At Govt. M. S. Dhiri, Block & Tahsil Rajnandgaon, District Rajnandgaon 38.

Khem Raj Sahu, S/o Shri Bahur Ram Sahu, Aged About 45 Years Post Teacher Panchayat, Posted At Government Middle School I R A, Block & Tahsil Rajnandgaon, District 39.

Smt. Saroj Lata Sahu, W/o Shri Khem Raj Sahu, Aged About 42 Years Post Teacher Panchayat, Posted At Government Middle School I R A, Block & Tahsil Rajnandgaon, 40.

Kamal Kant Sahu, S/o Shri Hiralal Sahu, Aged About 39 Years Post Teacher Panchayat, Posted At Government Middle School Rengakathera, Block Dongargaon, District Rajnandgaon 41.

Uday Ram Dewangan, S/o Shri Babu Lal Dewangan, Aged About 52 Years Post Teacher Panchayat, Posted At

Government Middle School Pinkapar, Block Dongargarh, District 42.

Hariram Sawarkar, S/o Shri Daya Ram Swarkar, Aged About 44 Years Post Teacher Panchayat, Posted At Government Middle School Alhanavagaon, Block Khairagarh 43.

Tikendra Kumar Sahu, S/o Shri Kripa Ram Sahu, Aged About 45 Years Post Teacher Panchayat, Posted At Govt. H. S. School Bari, Block & Tahsil Rajnandgaon, District Rajnandgaon 44.

Smt. Suchitra Sahu, W/o Shri Meghnath Sahu, Aged About 41 Years Post Lecturer Panchayat, Posted At Govt. H. S. School Rezakathera (Bakhat), Block & Tahsil Rajnandgaon, 45.

Smt. Champa Das, W/o Shri Sudeep Das, Aged About 55 Years Post Teacher Panchayat, Posted At Govt. H. S. School Murhipar, Block & Tahsil Rajnandgaon, District Rajnandgaon 46.

Smt. Archana Kulkarni, W/o Shri Tushar Kulkarni, Aged About 44 Years Post Lecturer Panchayat, Posted At Government High School Buddhu Bharda, Block Dongargaon, 47.

Smt. Savita Shrivastava, W/o Shri Yashwant Shrivastava, Aged About 35 Years Post Teacher Panchayat, Posted At Govt. M. S. Thakurtola, Block & Tahsil Rajnandgaon, District 48.

Pravin Gotekar, S/o Shri Shatrughan Gotekar, Aged About 40 Years Post Lecturer Panchayat, Posted At Government High School Paneka, Block & Tahsil Rajnandgaon, 49.

Smt. Radhika Dewangan, W/o Shri Baburam Dewangan, Aged About 41 Years Post Teacher Panchayat, Posted At Govt. M. S. Khairjhiti, Block & Tahsil Rajnandgaon, District 50.

Gajanan Patil, S/o. Shir Himmat Lal Patil, Aged About 39 Years Post Asst. Teacher Panchayat, Posted At Government Primary School Parasbod, Block & Tahsil Rajnandgaon, District 51.

Smt. Anjali Verma, W/o Shri Brijesh Verma, Aged About 40 Years Post Asst. Teacher Panchayat, Posted At Government Primary School Chaveli, Block & Tahsil Rajnandgaon, District

52.

Miss Sadhana Vaishnav, D/o Shri Narhari Das Vaishnav, Aged About 51 Years Post Teacher Panchayat, Posted At Govt. M. S. Thelkadih, Block Khairagarh, District Rajnandgaon 53.

Smt. Vandana Das Vaishnav, W/o Shri Lalit Mohan Das Vaishnav, Aged About 53 Years Post Teacher Panchayat, Posted At Govt. High School Devkatta, Block Dongargarh, 54.

Smt. Mamta Tiwari, W/o Shri Santosh Kumar Tiwari, Aged About 41 Years Post Teacher Panchayat, Posted At Govt. Middle School Kanketara, Block & Tahsil Rajnandgaon, District 55.

Santosh Kumar Tiwari, S/o Late Shri D. N. Tiwari, Aged About 49 Years Post Teacher Panchayat, Posted At Government Middle School Khuteri, Block & Tahsil Rajnandgaon, District Rajnandgaon (Chhattisgarh) 56.

Praveen Kumar Dewangan, S/o Shri Humendra Kumar Dewangan, Aged About 31 Years Post Asst. Teacher Panchayat, Posted At Government Primary School Padbeda, Block Antagarh, District Kanker (Chhattisgarh) 57.

Smt. Neelam Dewangan, W/o Shri Praveen Kumar Dewangan, Aged About 30 Years Post Asst. Teacher Panchayat, Posted At Government Primary School Kachwar, Block Antagarh, District Kanker (Chhattisgarh) 58.

Vishwanath Rawte, S/o Shri Binjhwar Rawte, Aged About 40 Years Post Asst. Teacher Panchayat, Posted At Government Primary School N P S Chihkatola, Block Mohla, District 59.

Daleshwar Kumar Dewangan, S/o Shri Dukhu Ram Dewangan, Aged About 36 Years Post Asst. Teacher Panchayat, Posted At Govt. P. S. Khairvar, Block Dongargarh, 60.

Smt. Anita Dewangan, W/o Shri Daleshwar Kumar Dewangan, Aged About 28 Years Post Asst. Teacher Panchayat, Posted At Govt. P. S. Mendha, Block Dongargarh, 61.

Smt. Laxmi Wasnik, W/o Shri Adarsh Wasnik, Aged About 39 Years Post Teacher Panchayat, Posted At Government Middle School Bhothipar Khurd Naya, Block Rajnandgaon, 62.

Smt. Arti Soni, W/o Shri Pramod Soni, Aged About 35 Years Post Teacher Panchayat, Posted At Government Middle

School Ranitarai, Block Rajnandgaon, District Rajnandgaon 63.

Smt. Santoshi Sharma, W/o Shri Sailendra Sharma, Aged About 38 Years Post Teacher Panchayat, Posted At Government Middle School Ranitarai, Block Rajnandgaon, 64.

Smt. Sarita Minj, W/o Shri Patrick Minj, Aged About 38 Years Post Teacher Panchayat, Posted At Government Middle School Ranitarai, Block Rajnandgaon, District Rajnandgaon 65.

Kuldeep Kumar Dewangan, W/o Shri Humendra Kumar Dewangan, Aged About 38 Years Post Teacher Panchayat, Posted At Govt. M. S. Aalikhunta, Block Rajnandgaon, District ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat & Rural Development, Ministry, Mahanadi Bhavan, New Raipur, District Raipur (Chhattisgarh)

2. The Director, Department Of Panchayat & Rural Development, Raipur, District Raipur (Chhattisgarh)

3. Chief Executive Officer, District Panchayat, Rajnandgaon,

4. Chief Executive Officer, District Panchayat, Balod, District Balod

5. The Chief Executive Officer, District Panchayat Kanker, District Kanker (Chhattisgarh) ....Respondents For Petitioners :

Mr. Alok Kumar Dewangan, Advocate For State :

Mr. Gary Mukhopadhyay, Dy.G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 23/01/2017

1.

The petitioners by this petition have claimed that by virtue of provisions under Rule 12 of the Chhattisgarh Teacher (Panchayat) Cadre (Recruitment Condition of Service) Rules, 2012 (hereinafter called as 'Rules of 2012') they are also entitled to all other service benefits, which has been extended to other employees of Janpad Panchayat and Zila Panchayat.

2.

In the petition, it has been stated that petitioners are entitled for payment of Gratuity, Provident Fund, Pension, Travelling Allowance, Dearness Allowance, Medical, Accommodation and Project Allowance etc., which have been provided to other employees of Janpad Panchayat and Zila Panchayat. According to the petitioners, various representations have bee made but none of the representations have been decided.

3.

Rule 12 of the Rules of 2012 provides as under:- "12. General Conditions of Service: Conditions of Service other than mentioned above shall be the same as applicable to other employees of Zila Panchayat or Janpad Panchayat, as the case may be."

4.

Prima facie, it appears that this Rule provide that the condition of service other than those mentioned in the Rule shall be the same as applicable to the other employees of Janpad Panchayat or Zila Panchayat, as the case may be.

5.

Therefore, petitioners' claim requires serious consideration after taking into consideration the provisions contained in the Rule, 2012. The benefit which are being extended to the employees of Janpad

Panchayat and Zila Panchayat and also the various terms and conditions of the appointment orders of the petitioners. 6.

It is found that Division Bench of this Court in Writ Appeal No.321 of 2011 (Smt. Gayatri Nirmalkar and Others V. State of Chhattisgarh and others) and other analogous appeals passed an order on 15.09.2014 directing that this issue has to be considered by the Secretary, Department of Panchayat and Social Welfare. In those case, it was found that the appellants therein have not come out with specific detail. In the present petition the petitioners have enumerated the service benefit claimed by them in terms of Rule 12 of the Rules 2012.

7.

Therefore, taking into consideration that earlier Division Bench of this Court has already issued a direction for consideration of similar case by the Department concerned, this petition is also required to be disposed off on similar terms as Writ Appeal No.321 of 2011. 8.

With the said direction, the petition stands finally disposed off. 9.

If the grievance of the petitioners is not redressed/fully redressed, it would be open for the petitioners to revive the petition. Sd/- (Sanjay K. Agrawal) Judge L/-