Netram Sahu v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2109 of 2019

1. Netram Sahu S/o Hiraram Sahu Aged About 43 Years Presently Working As Lecturer ( L.B.) At Govt. Higher Secondary School, Tarkela, Block Raigarh, District- Raigarh, Chhattisgarh

2. Shivcharan Patel S/o Sardharam Patel Aged About 51 Years Presently Working As Lecturer (L.B.) At Govt. Higher Secondary School, Tarkela, Block- Raigarh, District- Raigarh, Chhattisgarh

3. Smt. Tabassum Hussain D/o Shafi Hussain Aged About 42 Years Presently Working As Lecturer ( L.B.) At Govt. Higher Secondary School, Tarkela, Block- Raigarh, District- Raigarh, Chhattisgarh,

4. Smt. Sabita Singh D/o Ramprasad Singh Aged About 44 Years Presently Working As Lecturer ( L.B.) At Govt. Higher Secondary School, Tarkela, Block Raigarh, District- Raigarh, Chhattisgarh,

5. Smt. Anju Dewangan W/o Narendra Dewangan Aged About 45 Years Presently Working As Lecturer ( L.B.) At Govt. Higher Secondary School, Tarkela, Block Raigarh, District- Raigarh, Chhattisgarh,

6. Devendra Kumar Patel S/o P. Lal Patel Aged About 52 Years Presently Working As Lecturer ( L.B.) At Govt. Higher Secondary School, Tarkela, Block Raigarh, District- Raigarh, Chhattisgarh

7. Neelam Tiwari D/o Chhedilal Tiwari Aged About 34 Years Presently Working As Lecturer ( L.B.) At Govt. Higher Secondary School, Tarkela, Block Raigarh, District- Raigarh, Chhattisgarh

8. Smt. Mamta Sahu S/o Netram Sahu Aged About 37 Years Presently Working As Assistant Teacher ( L.B.) At Govt. Primary School, Amlibhouna, Block- Raigarh, District- Raigarh, Chhattisgarh ---- Petitioners

Versus

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

2. Secretary, Department Of Education, Mantralaya, P.S. Rakhi, TahsilAarang, Naya Raipur, District- Raipur, Chhattisgarh

-23. District Education Officer, Raigarh, District- Raigarh, Chhattisgarh

4. District Education Officer, Raigarh, District- Raigarh, Chhattisgarh

5. Principal, Govt. Higher Secondary School, Tarkela, Block Raigarh, District- Raigarh, Chhattisgarh ---Respondents For Petitioners :

Mr. K.P. Sahu, Advocate For State :

Mr. P. Acharya, P.L.

Hon'ble Shri Justice P. Sam Koshy Ord er on Board 26/03/2019

1. The limited prayer which the petitioners have sought in this writ petition is for a direction to respondent no.1 to take a decision on the claim of the petitioners for grant of two advance increments on their obtaining B.Ed./D.Ed. certificate both prior to appointment as well as subsequent to the appointment which is being otherwise provided to the Govt. teachers.

2. The claim of the petitioners is based on the fact that the nature of duties discharged by them as Shiksha Karmis are identical and similar to the government teachers and their services have also now got merged with the Education Department. Therefore, the benefits which are being extended to the government teachers should also be extended to the petitioners.

3. Given the nature of dispute and also the fact that the claim of the petitioners would require a policy decision on the part of the State Govt., this court does not intend to keep the petition pending any further, rather ends of justice would meet if the petition is disposed of with a direction to respondents 1 & 2 to take a decision in this regard

-3as to whether the petitioners would also be entitled for similar benefits as are being granted to the regular government teachers. It is ordered accordingly. Let this exercise be concluded within a period of 4 months from the date of receipt of certified copy of this order. It shall be the responsibility of the petitioners to bring the order of this Court to the notice of respondents 1 & 2 along with any fresh representation, if they so prefer.

4. It is made clear that this Court has not expressed anything on merits of the case so far as the entitlement of the petitioners are concerned. The Respondents shall be at liberty to take a decision independently. Sd/-/- (P. Sam Koshy) Judge Jyoti