Smt. Prafulla Minj v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2390 of 2019

1. Smt. Prafulla Minj W/o Shri Rajesh Minj, Aged About 35 Years Presently Working As Assistant Teacher (Lb) At Primary School Tukupani, Tahsil - Kunkuri, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh

2. Smt. Vimlavati Bai W/o Shri Budhram Das Aged About 36 Years Presently Working As Assistant Teacher ( Lb) At Primary School Khajurbahar, Tahsil - Kunkuri, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh

3. Shakuntala Chouhan D/o Shri Santunath Chouhan Aged About 36 Years Presently Working As Assistant Teacher (Lb) At Primary School Sukbasupara (Darakharika ) , Tahsil - Kunkuri, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh

4. Jethi Bai Nayak W/o Shri Sahindar Ram Nayak, Aged About 37 Years Presently Working As Assistant Teacher (Lb) At Primary School Navatoli, Tahsil - Kunkuri, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh

5. Satendra Ram Nirala S/o Shri Jagdev Ram Nirala Aged About 34 Years Presently Working As Assistant Teacher (Lb) At Primary School Charaimara, Tahsil - Kunkuri, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh

6. Brahmadath Ram S/o Shri Ramsevak Ram, Aged About 38 Years Presently Working As Assistant Teacher (Lb) At Primary School Patratoli, Tahsil - Kunkuri, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh

7. Anup Kumar Rajak, S/o Shri Shyamlal Ram Aged About 35 Years Presently Working As Assistant Teacher (Lb) At Primary School Hastinapur, Tahsil - Kunkuri District Jashpur Chhattisgarh., District : Kanker, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. District Education Officer, Jashpur District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh

-23. Block Education Officer, Kunkuri, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Manoj Chauhan, Advocate For State :

Mr. Rahul Mishra, Dy. Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 03/04/2019

1. The limited prayer which the petitioner has sought in this writ petition is for a direction to respondent no.1 to take a decision on the claim of the petitioner for grant of two advance increments on his 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 petitioner is based on the fact that the nature of duties discharged by him as Shiksha Karmi is identical and similar to the government teachers and his 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 petitioner.

3. Given the nature of dispute and also the fact that the claim of the petitioner 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 as to whether the petitioner would also be entitled for similar benefits as are being granted to the regular government teachers. It is ordered accordingly.

-34. 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 petitioner to bring the order of this Court to the notice of respondents 1 & 2 along with any fresh representation, if they so prefer.

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