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High Court Of ChhattisgarhWPS/3042/2015disposed off

Fullsai Ram Bhagat v. State Of Chhattisgarh

2015-08-20Hon'Ble Shri Justice Prashant Kumar Mishra4 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3042 of 2015

1. Fullsai Ram Bhagat S/o Shri Bhakru Ram Bhagat, Aged About 41 Years School Talora, Post- Bhimsila, Thana- Asta, Block- Manora, Distt. Jashpur,

2. Smt. Urmila Das W/o Shri Braj Kishor, Aged About 41 Years Working As Khunta Pani, Post Saila, Thana + Block- Manora, Distt. Jashpur,

3. Premlal Nayak S/o Shri Nanku Ram Aged About 38 Years Working As Harradipa, Post- Harradipa, Thana- Asta, Block Manora, Distt- Jashpur,

4. Virendra Kumar Boonkar, S/o Late Shri R. N. Boonkar, Aged About 46 Years Working As Shikshak Panchayat Grade- I I I, Presently Posted On Primary School Ranjhar, Post+ Thana- Sonkyari, Block- Manora, Distt.- Jashpur, (Chhattisgarh)

5. Pradip Singh S/o Shri Dwarika Singh, Aged About 41 Years Working As Khonga, Post- Bhimsila, Thana- Asta, Block- Manora, Distt. Jashpur,

6. Nirmala Xaxlo, D/o Shri Kuli Xaxlo, Aged About 40 Years Working As Shikshak Panchayat Grade- I I I, Presently Posted On Middle School Goriya Toli, Thana+ Block- Manora, Distt.- Jashpur, (Chhattisgarh)

7. Smt. Bifni Bhagat W/o Shri Kush Ram Aged About 40 Years Working As Ghatgaon, Post- Bhimsila, Thana+ Block- Manora, Dist Jashpur,

8. Vinod Kumar Bhagat S/o Shri Deo Sai Ram Bhagat, Aged About 42 Years School Marga, Post- Sogda, Thana+ Block- Manora, Distt. Jashpur,

9. Smt. Taramani Ohdor W/o Shri Maghnath Ohdar, Aged About 41 Years School Dandtoli, Post- Kharsota, Thana+ Block- Manora, Distt. Jashpur, 10.Ramkumar Ram S/o Shri Dhanilal Aged About 37 Years Working As Dandtoli (Kharsota), Post- Kharosta, Thana+ Block- Manora, Distt- Jashpur,

11.Kanta Xalxo S/o Shri Alfer Xalxo, Aged About 42 Years Working As Sardih, Post+ Thana- Sonkyari, Block- Manora, Distt. Jashpur, 12.Kailash Ram Bhagat S/o Shri Jagdeo Ram Aged About 40 Years Working As Shikshak Panchayat Grade- I I I, Presently Posted On Primary Girls School Kharsota, Post Kharsota, Thana+ Block- Manora, Distt Jashpur 13.Smt. Dorothiya Tigga W/o Shri Dileshwar Tigga, Aged About 41 Years School Karanj Toli, Post- Jariya, Thana+ Block- Manora, Distt. Jashpur, 14.Smt. Chameli Bhagat W/o Shri Ranjit Ram Aged About 38 Years Working As Shikshak Panchayat Grade- I I I, Presently Posted On Primary School Chadiya, Post- Sogda, Thana+ Block- Manora, Distt. Jashpur, 15.Smt. Shanti Bairagi W/o Shri Raju Ram Aged About 44 Years Working As Tempu, Post- Keshra, Thana+ Block- Manora, Distt. Jashpur, (Chhattisgarh) 16.

Dhurmul Ram S/o Shri Mangla Ram Aged About 43 Years Working As Khukhra Path, Post Madhwa, Thana+ Block- Manora, Distt. Jashpur, 17.Rampati Singh S/o Shri Serhu Singh Aged About 50 Years Working As Kurrog, Post+ Thana- Asta, Block- Manora, Distt- Jashpur, (Chhattisgarh) 18.Pradip Bada S/o Shri Philmon Bada Aged About 38 Years Working As Shikshak Panchayat Grade- I I I, Presently Posted On Primary SchoolBhakchand, Post+ Thana- Asta, Block Manora, Distt. Jashpur, 19.Smt. Sudha Bhagat W/o Shri Bhaiya Ram Aged About 40 Years Working As Kerakona (Tempu), Post- Keshra, Thana- Manora, Distt. Jashpur, 20.Silbinu Toppo S/o Shri Junas Toppo, Aged About 40 Years Working As Shikshak Panchayat Grade- I I I, Presently Posted On Primary School Saila, Post- Ghaghra, Thana+ Block- Manora, Distt. Jashpur, (Chhattisgarh) 21.

Shilash Kujur, S/o Shri Nirmal Kujur Aged About 36 Years Working As Chatauri, Post- Ghaghra, Thana+ Block- Manora, Distt. Jashpur, 22.Pandey Ram Bhagat S/o Shri Bahru Ram Aged About 42 Years Working As Khaura, Post- Bhimsila, Thana - Asta, Block- Manora, Distt.

23.Pusha Ram Bhagat S/o Shri Ram Pyara Ram Aged About 40 Years School Alori, Post- Alori, Thana Sonkyari, Block- Manora, Distt. Jashpur, 24.Alexander Kujur S/o Shri Patras Kujur, Aged About 42 Years Working As Shikshak Panchayat Grade- I I I, Presenlty Posted On Primary School Dhawra Path, Post Harri, Thana- Asta, Block- Manora, Distt. Jashpur, 25.Clament Ekka, S/o Shri Ignesh Ekka, Aged About 42 Years Working As Gandai, Thana- Sonkyari, Block- Manora, Distt. Jashpur, (Chhattisgarh) ---- Petitioners

Versus

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

2. Chief Executive Officer, Zila Panchayat Jashpur, Distt. Jashpur,

3. Block Education Officer, Manora, Distt. Jashpur, (Chhattisgarh)

4. Chief Executive Officer, Janpad Panchayat, Manora, Distt. Jashpur, ---- Respondents For Petitioners :

Shri Manoj Chauhan, Advocate For Respondents-State :

Shri PK Bhaduri, GA for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 20/08/2015 1.

This writ 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 PK Bhaduri, 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 1-5-2013, if the petitioners fulfill the eligibility criteria as per the norms laid down by the State Government. Sd/- J U D G E Prashant Kumar Mishra ashu