Majhnoo Ram Kandra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2858 of 2018 Majhnoo Ram Kandra, S/o Shri Dhud Ram, aged about 41 years, R/o working as Lecturer (Panchayat) at Govt. High School Khutgaon, Block & P.S. Farsabahar, District - Jashpur, Chhattisgarh. ---- Petitioner

Versus

1. State of Chhattisgarh, through the Secretary Department of Panchayat and Rural Development, Mahanadi Bhawan, Mantralaya, Naya Raipur, Chhattisgarh.

2. Commission Cum Director, Directorate Panchayat Department Raipur, District - Raipur, Chhattisgarh.

3. Chief Executive Officer, Zila Panchayat, Jashpur, District - Raipur, Chhattisgarh.

4. Block Education Officer, Block Farsabahar, District- Jashpur, Chhattisgarh. ---Respondents For petitioner :

Shri Manoj Chauhan, Advocate.

For Respondent/State :

Shri Lav Sharma, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 06/04/2018 1.

Learned counsel for the petitioner would submit that the petitioner was appointed under the provisions of Chhattisgarh Panchayat Shiksha Karmi (Recruitment and Conditions of Service) Rules of 2007 without there being any requirement of passing B.Ed / D.Ed exam. He was confirmed and granted regular pay scale also.

2.

Challenge is laid to the action of the respondents based on circulars dated 10.06.2016 and 08.03.2017 which according to the petitioner, seeks to withdraw the monetary benefits like regular pay scale, annual increment and revised pay scale on the ground of not obtaining B.Ed degree. 3.

According to learned counsel for the petitioner, the issue raised by the petitioner was considered in batch of petition i.e. WPS No. 4271/2017 (Jayant

Kumar Patle Vs. State of Chhattisgarh & Ors.) and other cases by this Court vide order dated 03.11.2017. Therefore, the petitioner be also granted similar relief.

4.

Learned State counsel would submit that the Court considered cases of teachers in different categories enumerated in para 6 of the said order. The petitioner being an appointee under the Rules of 2007 would require consideration in terms of the direction contained in para 46 of the said order. 5.

Learned counsel for the petitioner would submit that the petitioner is already getting regular pay scale and increments also and the consideration would be confined to grant of revised pay scale. 6.

The petitioner case for grant of revised pay scale will have to be considered in terms of the order passed by this Court in the case of jayant Kumar Patle (supra), in so far as other claim for grant of revised pay scale is concerned.

7.

With the aforesaid observations, this petition is finally disposed off. Sd/- (P. Sam Koshy) Pawan JUDGE