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High Court Of ChhattisgarhWPS/1077/2017disposed off

Narayan Prasad Yadav v. State Of Chhattisgarh

2017-03-03Hon'Ble Shri Justice P. Sam Koshy3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.1077 of 2017

1. Narayan Prasad Yadav S/o Shri Aghnu Ram Yadav Aged About 61 Years Head Master, Govt. Middle School Girls, Patthalgaon, Block & Tahsil- Patthalgaon, Distrcit- Jashpur, Chhattisgarh

2. Bhimsen Swarnkar S/o Shri Bodharam Swarnkar Aged About 53 Years Head Master, Govt. Middle School Boys Patthalgaon, District Jashpur, Chhattisgarh

3. Mohanram Gopal S/o Shri Budhram Gopal Aged About 56 Years Head Master, Govt. Middle School Tihali- Sarai, Post- Godhi, Block & Tahsil- Patthalgaon, District- Jashpur, Chhattisgarh

4. Smt. Lusiya Ekka W/o Shri Tiwari Ekka Aged About 56 Years Head Master, Govt. Primary School Oraonpara, Patthalgaon, Block & Tahsil- Patthalgaon, District- Jashpur, Chhattisgarh

5. Jankiprasad Kanwar S/o Shri Sudhu Ram Aged About 53 Years Hostel Superitndent, Govt. Higher Secondary School, Patthalgaon, Block & TahsilPatthalgaon, District - Jashpur, Chhattisgarh

6. Joseph Ekka S/o Shri Chotto Ekka Aged About 56 Years Head Master, Govt. Primary School Oraonpara, Patthalgaon, Block & Tahsil- Patthalgaon, District Jashpur, Chhattisgarh

7. Dayal Singh S/o Shri Anand Singh Thakur, Aged About 51 Years Upper Division Teacher, Govt. Middle School Boys, Patthalgaon, Block & TahsilPatthalgaon, District Jashpur, Chhattisgarh

8. Sonsai Bhagat S/o Shri Bahoran Ram Bhagat Aged About 52 Years Head Master, Govt. Primary School Mayurnachha, Patthalgaon, Block & TahsilPatthalgaon, District- Jashpur, Chhattisgarh

9. Vijay Kumar Bhagat S/o Shri Bahoran Ram Bhagat Aged About 49 Years Head Master, Govt. Primary School Chidrapara, Patthalgaon, Block & TahsilPattalgaon, District-Jashpur, Chhattisgarh 10.Nandkumar Dansena S/o Shri Shobhnath Dansena Aged About 49 Years Lecturer, Govt. Middle School Jamjunwani, Patthalgaon, Block & TahsilPatthalgaon, District- Jashpur, Chhattisgarh 11.Duryodhan Ram Behra S/o Shri Sudrao Ram Behara Aged About 50 Years Head Master, Govt. Primary School Shokhapara, Patthalgaon, Block & TahsilPatthalgaon, District Jashpur, Chhattisgarh 12.Smt. Luisa Ekka W/o Shri J. Ekka Aged About 56 Years Hostel Supertiendent, Post Metric Hostel, Patthalgaon, Block & Tahsil- Patthalgaon, District- Jashpur, Chhattisgarh 13.Ghuranram Sanmani S/o Shri Punaram Sanmai Aged About 47 Years Head Master, Govt. Middle School Kudkelkhazari, Patthalgaon, Block & TahsilPattalgaon, District 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