Lochan Prasad Sahu v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2639 of 2020 • Lochan Prasad Sahu Son Of Shri Mohan Lal Sahu Aged About 52 Years Working As Head Master And Posted At Govt. Primary School Sarwani, District Baloda Bazar Bhatapara Chhattisgarh ---- Petitioner
Versus
1. State Of Chhattisgarh Through Secretary, Department Of Education, Mahanadi Bhawan, Mantralaya New Raipur, District Raipur Chhattisgarh.
2. Director Directorate Public Instruction Chhattisgarh Raipur District Raipur Chhattisgarh.
3. District Education Officer Balod Bazar Bhatapara, District Baloda Bazar Bhatapara Chhattisgarh.
4. Block Education Officer Block Kasdol, District Baloda Bazar Bhatapara Chhattisgarh.
---- Respondents For Petitioner :
Mr. Ajay Shrivastava, Advocate For Respondent/ State :
Shri Chandresh Shrivastava, Dy. A.G.
Hon'ble Shri Justice Goutam Bhaduri Order 13/07/2020
1. Heard.
2. Learned counsel for the petitioner contends that he was appointed as Head Master in the year 2010 and as per the government circular dated 25.03.2017 & 27.09.2017 (Annexure P-4) and 05.01.2011 (Annexure P-3) , since the petitioner has completed his B.T.I degree before joining at his own expenses, therefore the petitioner was given two advance increment. Subsequently, general order dated 07.03.2020
(Annexure P-2) was issued on the basis of which the petitioner was served with a show cause notice dated 08.06.2020 (Annexure P-6) wherein the petitioner has been asked to clarify his entitlement of two advance increment. He further submits that at the same time a general order dated 12.06.2020 (Annexure P-1) has been issued whereby recovery has been ordered.
3. Learned counsel further submits that the petitioner is entitled for two advance increments because of the reason that he has completed his B.T.I. degree before joining his service at his own expenses. He further submits that the issue has been already decided by this High Court and the entitlement of petitioner is no more an issue to be adjudicated.
4. Learned State counsel would submit that on the basis of instructions i.e. order dated 07.03.2020 (Annexure P-2), show cause notice dated 08.06.2020 (Annexure P-6) has been issued to the petitioner and the petitioner can very well satisfy the authority about the entitlement that he is legally entitled to receive two advance increment as such the petition is pre -mature.
5. Perusal of order dated 08.06.2020 (Annexure P-6) would show that the petitioner has been called to place the documents whereby he can be said to be legally entitle to receive two advance increment. It is a show cause notice.
6. Under the circumstances, since the State has called for document verification about the entitlement of the petitioner, the petitioner may approach the authority i.e. Block Education Officer who has issued the order dated 08.06.2020 (Annexure P-6) to apprise him about his
entitlement for payment of two advance increments. The petitioner shall be allowed to place the necessary documents and if necessary shall also be heard.
7. In the meanwhile, till such entitlement of the petitioner is adjudicated by the authority who has passed the order dated 12.06.2020, no proceeding shall be made for the recovery of two advance increment which has already been paid to the petitioner.
8. With the aforesaid observation/ direction, the writ petition stands disposed off.
Sd/- sd/- Goutam Bhaduri Judge Jyoti