Paulus Khalkho v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.1072 of 2017
1. Paulus Khalkho S/o Shri Markush Khalkho Aged About 46 Years Head Master, Govt. Primary School Mahadev Tikra, Block & Tahsil Patthalgaon, Dist. Jashpur (Chhattisgarh)
2. Rambhagat S/o Shri Lamruram, Aged About 60 Years Upper Division Teacher, Govt. Middle School Tildega, Patthalgaon, Block & Tahsil Patthalgaon, Dist. Jashpur (Chhattisgarh)
3. Arjun Nat S/o Shri Ramlal Nat, Aged About 56 Years Head Master, Govt. Primary School Susdega, Block & Tahsil Patthalgaon, Dist. Jashpur (Chhattisgarh)
4. Ramcharan Paikra S/o Shri Sadhusai Aged About 42 Years Upper Division Teacher, Govt. Middle School Shekharpur, Block & Tahsil Patthalgaon, Dist. Jashpur (Chhattisgarh)
5. Smt. Kamla Lakda W/o Shri Devlal Bhagat, Aged About 46 Years Upper Division Teacher, Govt. Boys Middle School Patthalgaon, Block & Tahsil Patthalgaon, Dist. Jashpur (Chhattisgarh)
6. Smt. Judigrace Toppo W/o Shri Ajeet Kumar Toppo, Aged About 48 Years Upper Division Teacher, Govt. Girls Middle School Patthalgaon, Block & Tahsil Patthalgaon, Dist. Jashpur (Chhattisgarh)
7. Lorentusha Kerketta S/o Shri Prabhu Kerketta, Aged About 46 Years Upper Division Teacher, Govt. Middle School Tildega, Block & Tahsil Patthalgaon, Dist. Jashpur (Chhattisgarh)
8. Smt. Muktilata Tigga W/o Shri Rajendra Tigga Aged About 46 Years Upper Division Teacher, Govt. Girls Middle School Kumekela, Block & Tahsil Patthalgaon, Dist. Jashpur (Chhattisgarh)
9. Appolina Ekka D/o Shri Kandru Ekka Aged About 46 Years Assistant Teacher, Govt. Primary School Karumahua, Block & Tahsil Patthalgaon, Dist. Jashpur (Chhattisgarh) 10.Pradeep Kumar Ekka S/o Shri Firdinand Ekka, Aged About 40 Years Upper Division Teacher, Govt. Middle School Dahidand, Block & Tahsil Patthalgaon, Dist. Jashpur (Chhattisgarh) 11.Sunil Shrivastav S/o Late Shri Dinesh Prasad Shrivastav, Aged About 46 Years Lecturer, Govt. Boys Middle School Patthalgaon, Block & Tahsil Patthalgaon, Dist. Jashpur (Chhattisgarh) 12.Smt. Ureshela Toppo W/o Shri Athnasiyus Toppo, Aged About 47 Years Upper Division Teacher, Govt. Girls Middle School Patthalgaon, Block & Tahsil Patthalgaon, Dist. Jashpur (Chhattisgarh) 13.Smt. Rajeshwari Panda W/o Shri S. K. Panda, Aged About 46 Years Head Master, Govt. Boys Middle School Patthalgaon, Block & Tahsil Patthalgaon, Dist. Jashpur (Chhattisgarh).
---- Petitioners
Versus
1. State of Chhattisgarh Through Its Chief Secretary, Mahanadi Bhawan, Mantralaya, Naya Raipur, Dist. Raipur (Chhattisgarh)
2. Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, Dist. Raipur (Chhattisgarh)
3. The Collector, Jashpur, District Jashpur (Chhattisgarh)
4. District Education Officer, Jashpur, District Jashpur (Chhattisgarh)
5. Assistant Commissioner, Jashpur (Tribal Development Collectorate Campus) Jashpur, District Jashpur (Chhattisgarh)
6. Block Education Officer, Block Patthalgaon, District Jashpur (Chhattisgarh). ---- Respondents For Petitioners :
Shri RS Patel, Advocate.
For State/respondents :
Shri SP Kale, Deputy Advocate General.
Hon'ble Shri Justice P. Sam Koshy Order On Board 03/03/2017
1. The petitioners by way of this petition seek a direction to the respondents to consider their case for grant of "Time Bound Pay Scale".
2. The grievance of the petitioners are that similarly placed person have already been granted the benefit of time bound pay scale by the respondents, but for some reasons the case of the petitioners have not been considered. It is also the contention of the petitioners that all the petitioners in this instant case are duly eligible for being considered and also fulfill all the necessary requirements under the guidelines framed by the State Government for grant of said benefit of time bound pay scale. He further submits that a direction may be issued to the respondent No.4, District Education Officer, to look into the case of the petitioners for grant of benefit of time bound pay scale as per circular of the State Government dated 22.02.2011 and which has also been extended to other similarly placed teachers vide order dated 23.11.2012.
3. Without entering into the merits of the case, subject to petitioners fulfilling all the eligibility criteria for grant of time bound pay scale, let the respondent No.4, District Education Officer, take a decision on the claim of the petitioners for grant of benefit of time bound pay scale. The petitioners would be at liberty to file another detailed representation to
the respondent No.4 in addition to the representation already filed earlier, along with all supporting documents like the circular of the State Government dated 22.02.2011 and also the order of similar relief being granted to similarly placed persons.
4. Let this exercise be done within a period of 90 days from the date of representation and certified copy of this order along with all other relevant documents produced before the authority by the petitioners.
5. Accordingly, the writ petition is disposed of with the aforesaid observations.
Sd/- (P. Sam Koshy) Judge inder