Dheelu Ram Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1704 of 2019 Dheelu Ram Sahu S/o Late Domar Singh Sahu, Aged About 51 Years, Occupation- Service, Working As Upper Division Teacher, Government Middle School- Champa, Tahsil Baloda Bazar, DistrictBaloda Bazar- Bhatapara, Chhattisgarh, R/o Behind Shasti Devi Mandir, Civil Lines, Baloda Bazar District- Baloda Bazar-Bhatapara, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of School Education, New Mantralaya, New Raipur, Chhattisgarh

2. The Director, Public Instructions, Pension Bada, Raipur, Chhattisgarh

3. The Joint Director, Treasury Account And Pension Raipur, DistrictRaipur, Chhattisgarh

4. The District Education Officer, Baloda Bazar, District- Baloda BazarBhatapara, Chhattisgarh

5. The Block Education Officer, Block Pallari, District- Baloda BazarBhatapara, Chhattisgarh ---- Respondents For Petitioner :

Ms. Laxmeen Kashyap, Advocate For State :

Mr. Anshuman Shrivastava, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 11.03.2019

1. The grievance of the petitioner in the present writ petition is the nongranting of 2 advance increments to the petitioner on acquiring qualification of D.Ed. at his own expense after joining service with the respondents.

2. Counsel for the petitioner submits that the issue involved in the instant case stands squarely covered by the decision of this Court in the case of Uma Ambast Vs. State of Chhattisgarh & others decided on 06.02.2009 in WPS No. 367 of 2009. The said writ petition was disposed of in the light of the State Govt. circular dated 06.02.2007 wherein it was held that the person who has obtained D.Ed. qualification after coming into service at his own expense would also be eligible for the benefit of 2 advance increments.

3. This contention of the counsel for the petitioner is not disputed by the State counsel. However, he prays for reserving the right of the State Govt. to verify the credentials of the petitioner.

4. Given the said facts, the present writ petition stands disposed of holding that the respondents shall consider the case of the petitioner in the light of the decision of this Court rendered in the case of Uma Ambast (supra) only after due verification of the fact. If the petitioner is found entitled for then appropriate relief be provided to him within a period of 4 months from the date of receipt of copy of this order.

5. The writ petition accordingly stands allowed and disposed of. Sd/- P. Sam Koshy Judge Khatai