High Court Of ChhattisgarhWPS/739/2017disposed off

Ram Pratap Singh v. State Of Chhattisgarh

2017-02-13Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.739 of 2017 Ram Pratap Singh S/o Late Shri Bachchelal, Aged About 51 Years Posted As Assistant Teacher (Panchayat), Primary School, Bairagi, Block Manendragarh, District Korea (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan, Mantralaya, New Raipur (Chhattisgarh)

2. The Chief Executive Officer, Zila Panchayat, Baikunthpur, District Koria (Chhattisgarh)

3. The Block Education Officer, Manendragarh, District Korea (Chhattisgarh)

4. The Chief Executive Officer, Janpad Panchayat, Manendragarh, District Korea (Chhattisgarh) ---- Respondents For Petitioner :

Shri Vijay Kumar Sahu, Advocate For State:

Shri Avinash Singh, Panel Lawyer S.B.:

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 13/02/2017

1. The present petition under Article 226 of the Constitution of India has been preferred seeking for a direction to the respondents for grant of benefit of time bound promotion/Kramonnati on completion of continuous ten years of service on the same post.

2. Counsel for the petitioner submits that similar writ petition has already been decided in favour of similarly placed person and one such petition is Writ Petition No.4623 of 2016, decided by this Court on 08.09.2016. He further submits that present petition being similar in nature may also be disposed of in similar terms.

-23. Counsel for the State however submits that the only indulgence which the State wants in the order is that the benefit of Kramonnati which the petitioner would be getting as of now is for the intervening period from 02.11.2011 to 30.04.2015 instead of 01.05.2013 as has been granted in other similar petition which is already pending re-consideration in MCC No.702 of 2016 where the State has moved for a modification of the period.

4. Counsel for the petitioner submits that he does not have any objection if the benefit of Kramonnati are calculated from 02.11.2011 to 30.04.2015, subject to the condition that in case if the MCC goes against the State Government, the petitioner should also be granted benefit till 01.05.2013, to which the counsel for the State does not dispute.

5. Accordingly, the present petition is also disposed of in similar terms. However, so far as calculation of the date in respect of the benefit which the petitioner is entitled, the same shall be for the period of 02.11.2011 to 30.04.2013.

6. With the aforesaid modification to the orders passed in the earlier disposed writ petition, the present petition stands disposed of. Sd/- (Sanjay K. Agrawal) Judge L/-