Sevak Ram Rathore v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2390 of 2020 • Sevak Ram Rathore S/o Sohan Lal Rathore Aged About 35 Years Presently Working As Lecturer (L.B.) At Govt. High School, Mudpar (B), Block Pamgarh, District Janjgir-Champa Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mantralaya P.S. 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, Janjgir-Champa, District JanjgirChampa Chhattisgarh

4. District Education Officer Janjgir-Champa, District Janjgir-Champa Chhattisgarh

5. Chief Executive Officer Janpad Panchayat, Pamgarh, District Janjgir-Champa Chhattisgarh

6. Block Education Officer Block Pamgarh, District Janjgir-Champa Chhattisgarh ---- Respondents For Petitioner :

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

Ms. Akanksha Jain, Dy. GA Hon'ble Shri Justice Goutam Bhaduri Order 24/06/20

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 are 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. The petitioner shall file afresh representation within a period of 3 weeks from today and if such representation is filed, the same shall be decided. 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 he so prefers.

4. 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/- Goutam Bhaduri Judge Ashu