Smt. Abhilasha Gauraha v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2704 of 2019

1. Smt. Abhilasha Gauraha W/o Abhilash Gauraha Aged About 39 Years Lecturer (L.B.), Higher Secondary School, Mopka, Block, Bhatapara, District Baloda Bazar Bhatapara Chhattisgarh

2. Smt. Neel Kamal Agrawal W/o Shri Sateesh Chandra Agrawal Aged About 37 Years Lecturer (L.B.), Govt. Higher Secondary School, Singarpur, Block, Bhatapara, District Baloda Bazar Bhatapara Chhattisgarh

3. Smt. Kirti Dewangan W/o Prahlad Dewangan Aged About 41 Years Lecturer (L.B.), Govt. Higher Secondary School, Singarpur, Block, Bhatapara, District Baloda Bazar Bhatapara Chhattisgarh

4. Khelawan Kumar Sahu S/o Kundan Lal Sahu Aged About 43 Years Lecturer (L.B.), Govt. Higher Secondary School, Singarpur, Block, Bhatapara, District Baloda Bazar Bhatapara Chhattisgarh

5. Shubha Sharma S/o Shri R.P. Sharma Aged About 37 Years Lecturer (L.B.), Govt. Higher Secondary School, Deori, Block, Bhatapara, District Baloda Bazar Bhatapara Chhattisgarh.

6. Poonam Kaiwartya W/o Shri B.L. Kaiwartya Aged About 39 Years Lecturer (Panchayat), Govt. Higher Secondary School, Deori, Block, Bhatapara, District Baloda Bazar Bhatapara Chhattisgarh

7. Rukmani Sahu W/o Shri Chandrashekha Sahu Aged About 38 Years Lecturer (L.B.), Govt. Higher Secondary School, Deori, Block, Bhatapara, District Baloda Bazar Bhatapara Chhattisgarh

8. Smt. Pushplata Chakraborty W/o Shri Siddharth Chakraborty Aged About 42 Years Lecturer (L.B.), Govt. Higher Secondary School, Deori, Block, Bhatapara, District Baloda Bazar Bhatapara Chhattisgarh ---- Petitioners

Versus

-21. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mantralaya, Police Station Rakhi, Tahsil Aarang, Naya Raipur, District Raipur Chhattisgarh

2. Secretary Department Of Education, Mantralaya, P.S. Rakhi, Tahsil Aarang, Naya Raipur, District Raipur Chhattisgarh

3. Chief Executive Officer Zila Panchayat Balodabazar, District Balodabazar Bhatapara Chhattisgarh

4. District Education Officer Balodabazar, District Balodabazar Bhatapara Chhattisgarh

5. Block Education Officer Bhatapara, District Balodabazar Bhatapara Chhattisgarh ---- Respondents For Petitioners :

Shri C. Jayant K. Rao, Advocate For State :

Shri Sameer Behar, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 10/04/2019

1. The limited prayer which the petitioners have sought in this writ petition is for a direction to respondent no.1 to take a decision on the claim of the petitioners for grant of two advance increments on their 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 petitioners is based on the fact that the nature of duties discharged by them as Shiksha Karmis are identical and similar to the government teachers and their 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 petitioners.

-33. Given the nature of dispute and also the fact that the claim of the petitioners 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 petitioners would also be entitled for similar benefits as are being granted to the regular government teachers. It is ordered accordingly. 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 petitioners to bring the order of this Court to the notice of respondents 1 & 2 along with any fresh representation, if they so prefer.

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