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High Court Of ChhattisgarhWPS/2069/2014allowed

Nand Kumar Dubey v. State Of Chhattisgarh And ORS.

2015-11-17Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2069 of 2014 Nand Kumar Dubey S/o Shri Jagannath Prasad Dubey Aged About 59 Years R/o Village Sarsivan, Tah Bilaigarh, Ps Sarsivan, Civil & Revenue Distt Balodabazar- Bhatapara, CG ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Mantralaya, Naya Raipur, Post Office & Police Station Naya Raipur, Dist Raipur, Cg

2. District Education Officer, Baloda Bazar, Distt BalodabazarBhatapara, CG

3. Principal Government Higher Secondary School, Gatadihi, Distt Baloda Bazar- Bhatapara, CG ---- Respondents For Petitioner :

Shri Vivek Kumar Agrawal.

For Respondents/State: Shri Ajit Singh, Panel Lawyer. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 17/11/2015 (1) The writ petition has been preferred challenging the order dated 21.01.2014, whereby the petitioner's application for grant of benefit of two advance increments for having passed the B.Ed. Examination at his own expenses after joining the service has been rejected in view of the State Government's circular dated 06.02.2007. (2) At the very outset, learned counsel for the parties would very fairly and jointly submit that the matter in issue has already been considered and decided in favour of the similarly placed employees in the matter of Kunwar Kant Dewangan v. State of Chhattisgarh & others and other connected matters in W.P. (S) No.6927/2011,

decided on 06.12.2013.

(3) Since the petitioner's case is similar, the impugned order (Annexure P-1) is set aside. The respondents shall consider the petitioner's claim afresh in view of the judgment in the matter of Kunwar Kant Dewangan (supra) after verification of the necessary facts.

(4) The writ petition is allowed to the above extent. Sd/- (Sanjay K. Agrawal) Judge D/-