Achhe Kumar Baghel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2795 of 2015

1. Achhe Kumar Baghel S/o Shri Premlal Baghel Aged About 40 years Working As Assistant Teacher Panchayat, Govt. Primary School, Jharap, Block Jaijaipur, District Janjgir-Champa, Chhattisgarh.

2. Sudhir Kumar Shukla S/o Shri Ram Gopal Shukla Aged About 43 Years Working As Assistant Teacher (Panchayat) Govt. Primary School Kikirda, Block Jaijaipur, District Janjgir- Champa, Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mantralaya P. S. Rakhi, Tahsil Aarang, Naya Raipur, District Raipur, Chhattisgarh.

2. Chief Executive Officer, Zila Panchayat, Janjgir-Champa, District Janjgir- Champa, Chhattisgarh.

3. Chief Executive Officer, Janpad Panchayat, Block Jaijaipur, District Janjgir - Champa, Chhattisgarh.

4. Block Education Officer, Block Jaijaipur, District Janjgir- Champa, Chhattisgarh.

---- Respondent For Petitioners Shri C.J.K. Rao & Shri K.P. Sahu, Advocates For Respondent/State Shri Shashank Thakur, Govt. Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 05/08/2015

Heard learned counsel for the parties.

1) This petition has been preferred seeking benefit of the circular dated 2-11-11 for grant of time-bound promotion/Kramonnati on completion of 10 years of service. The petitioners have claimed parity in view of the order passed in writ appeal No.389/14, decided on 23-3-2015.

2) Shri Thakur, learned Government Advocate for the State would submit that the benefit of the circular dated 2-11-11 has been withdrawn by issuing a circular on 14-11-14 w.e.f. 1-5-13. He would submit that subsequently, the Division Bench in writ appeal Nos. 227 & 231 of 2015 has passed order, therefore, the present writ petition does not survive. 3) The above statement is not disputed by the learned counsel for the petitioners.

4) In writ appeal Nos. 227 & 231 of 2015, the Division Bench of this Court has passed the following order:- "3. The Writ Appeals arise from separate orders, dated 17.10.2014 and 26.9.2014, disposing a batch of analogous cases including Writ Petition (S) No.2914 of 2014 and Writ Petition (S) No.4382 of 2014 filed by the Appellants. Since we have already heard and disposed Writ Appeal No.389 of 2014 and analogous appeals involving similar questions as raised in the present Writ Appeals on 23.3.2015, it is considered appropriate to condone the delay. Delay is therefore condoned.

4. While passing the order dated 23.3.2015, the subsequent order passed by the Respondents on 14.11.2014 recalling the order dated 2.11.2011 with effect from 1.5.2013 had not been brought to our attention.

5. The present Writ Appeals are therefore disposed in similar terms as Writ Appeal No.389 of 2014 and analogous appeals, dated 23.3.2015, with the only clarification that in view of the order dated 14.11.2014 the claim of the Appellants is required to be considered only for the period 2.11.2011 till 1.5.2013.

6. The Writ Appeals are disposed in similar terms as Writ Appeal No.389 of 2014 and analogous appeals with the aforesaid clarification."

5) In view of the above, the present writ petition is disposed of in terms of writ appeal Nos. 227 & 231 of 2015. In other words, petitioners' case for grant of Kramonnati is required to be considered only for the period 2-11-11 till 1-5-13, if the petitioners fulfill the eligibility criteria as per the norms laid down by the State Government. Sd/- Judge Prashant Kumar Mishra Gowri