Gopal Krishna Tripathi v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3546 of 2019

1. Gopal Krishna Tripathi S/o Shri P.C. Tripathi, Aged About 48 Years Presently Working As Lecturer (L.B.) At Government Higher Secondary School, Barliya, Block Raigarh, District Raigarh Chhattisgarh.

2. Manoj Kumar Sarhangi, S/o Shri Gangadhar Sarhangi, Aged About 45 Years Presently Working As Lecturer (L.B.) At Government Higher Secondary School, Barliya, Block Raigarh District Raigarh Chhattisgarh.

3. Smt. Arpita Xalxo W/o Shri Amit Xalxo Aged About 36 Years Presently Working As Lecturer (L.B.) At Government Higher Secondary School, Barliya Block Raigarh, District Raigarh Chhattisgarh.

4. Suresh Kumar Satname, S/o Shri Shyamlal Satname, Aged About 36 Years Presently Working As Lecturer (L.B.) At Government Higher Secondary School, Barliya Block Raigarh, District Raigarh Chhattisgarh.

5. Smt. Seema Minj, W/o Shri Dilip Minj, Aged About 39 Years Presently Working As Lecturer (L.B.) At Government Higher Secondary School, Barliya Block Raigarh, District Raigarh Chhattisgarh.

6. Ravindra Nath S/o Shri Manohar Nath, Aged About 48 Years Presently Working As Lecturer (L.B.) At Government Higher Secondary School, Barliya Block Raigarh, District Raigarh Chhattisgarh.

7. Smt. Gayatri Bhoy W/o Shri Janak Ram Bhoy Aged About 47 Years Presently Working As Assistant Teacher (L.B.) At Government Higher Secondary School, Barliya Block Raigarh, District Raigarh Chhattisgarh.

8. Ajay Kumar Chouhan S/o Shri Mahesh Ram Chouhan Aged About 33 Years Presently Working As Assistant Teacher (L.B.) At Government Higher Secondary School, Barliya Block Raigarh, District Raigarh Chhattisgarh.

9. Smt. Shashi Patel W/o Shri Babulal Patel Aged About 45 Years Presently Working As Lecturer (L.B.) At Government Higher Secondary School, Usrout, Block Raigarh, District Raigarh Chhattisgarh. ---- Petitioners

Versus

1. 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 Police Station Rakhi, Tahsil Aarang, Naya Raipur, District Raipur Chhattisgarh.

3. District Education Officer, Raigarh, District Raigarh Chhattisgarh.

4. Block Education Officer, Raigarh District Raigarh Chhattisgarh.

5. Principal Government Higher Secondary School, Barliya, Block Raigarh, District Raigarh Chhattisgarh.

6. Principal, Government Natwar Multipurpose Higher Secondary School, Raigarh, Block Raigarh, District Raigarh Chhattisgarh.

7. Principal, Government Higher Secondary School, Tarkela, Block Raigarh District Raigarh Chhattisgarh.

-2- ---Respondents For Petitioner :

Mr. K.P. Sahu, Advocate.

For State : Ms. Shriya Mishra, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 10/05/2019

1. Ignoring the default pointed out by the registry, with the consent of the parties the matter is heard finally and disposed off at the motion stage itself.

2. 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.

3. 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.

4. 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

-3are 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.

5. It appears that the petitioners have till date not made any representation in this regard. Counsel for the petitioners make a prayer that the petitioners may be permitted to make suitable representation within a period of two weeks from today. Prayer is allowed. 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.

6. 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/-/- (P. Sam Koshy) Judge jyoti