High Court Of ChhattisgarhWPS/6755/2016disposed off

Ashok Singh v. State Of Chhattisgarh

2017-01-12Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6755 of 2016 1.

Ashok Singh son of Shri Samaru Singh, aged about 40 years, posted as Assistant Teacher (Panchayat), AJK Primary School, Tilokhan, Block Manendragarh, District Korea (CG).

Chain Singh, son of Shri Heera Singh, Aged about 49 years, posted as Assistant Teacher (Panchayat), AJK primary School, Kharla, Block Menendragarh, District Korea (CG).

---- Petitioners

Versus

1. State of Chhattisgarh Through The Secretary, Panchayat and Rural Development Department, Mahanadi Bhawan, Mantralaya, New Raipur, (Chhattisgarh)

2. The Chief Executive Officer, Zila Panchayat, Baikunthpur, District Korea, (Chhattisgarh).

3. The Block Education Officer, Manendragarh, District Korea, (Chhattisgarh).

4. The Chief Executive Officer, Janpad Panchayat, Manendragarh, District Korea, (Chhattisgarh).

---- Respondents For Petitioners Shri Vijay Kumar Sahu, Advocate.

For Respondents/State Shri Avinash Singh, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order On Board 12/01/2017

1. The present petition under Article 226 of the Constitution of India has been preferred seeking for a direction to the respondents for grant of benefit of time bound promotion/Kramonnati on completion of continuous ten years of service on the same post.

2. Counsel for the petitioners submits that similar writ petition has already been decided in favour of similarly placed person and one such petition is Writ Petition No.4623 of 2016, decided by this court on 08.09.2016. He

further submits the present petition being similar in nature may also be disposed of in similar terms.

3. Counsel for the State however submits that the only indulgence which the State wants in the order is that the benefit of Kramonnati which the petitioners would be getting as of now is for the intervening period from 02.11.2011 to 30.04.2015 instead of 01.05.2013 as has been granted in other similar petition which is already pending re-consideration in MCC No.702 of 2016 where the State has moved for a modification of the period.

4. Counsel for the petitioner submits that he does not have any objection if the benefit of Kramonnati are calculated from 02.11.2011 to 30.04.2015, subject to the condition that in case if the MCC goes against the State Govt., the petitioners should also be granted benefit till 01.05.2013, to which the counsel for the State does not dispute.

5. Accordingly, the present petition is also disposed of in similar terms. However, so far as calculation of the date in respect of the benefit which the petitioners are entitled, the same shall be for the period of 02.11.2011 to 30.04.2013.

6. With the aforesaid modification to the orders passed in the earlier disposed writ petition, the present petition stands disposed of. Sd/- (P.Sam Koshy) Judge inder