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High Court Of ChhattisgarhWPS/1341/2015disposed off

Shailendra Singh And ORS. v. State Of Chhattisgarh And ORS.

2015-04-30Hon'Ble Shri Justice Prashant Kumar Mishra7 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1341 of 2015

1. Shailendra Singh S/o Shri Devendra Singh, Aged About 38 years, Working As Assistant Teacher (Panchayat), Govt. Girls Higher Secondary School, Darima, District Surguja, (Chhattisgarh)

2. Jagdish Prasad Gupta S/o Shri Bhuneshwar Prasad, Aged About 39 Years, Working As Assistant Teacher (Panchayat), Govt. Primary School, Podikala, District Surguja (Chhattisgarh)

3. Devendra Singh S/o Ramswarup Singh, Aged About 42 Years, Working As Assistant Teacher (Panchayat), Govt. Primary School, Podikala, District Surguja, (Chhattisgarh)

4. Naseema Bano W/o Fasihulkala Ansari, Aged About 47 Years, Working As Assistant Teacher (Panchayat), Govt. Primary School, Khala, District Surguja, (Chhattisgarh) ---- Petitioners

Versus

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

2. The Chief Executive Officer, Zila Panchayat, Ambikapur, District Surguja, (Chhattisgarh)

3. The Block Education Officer, Ambikapur, District Surguja, (Chhattisgarh)

4. The Chief Executive Officer, Janpad Panchayat, Ambikapur, District Surguja, (Chhattisgarh) ---- Respondents And WPS No. 1372 of 2015

1. Hatimram Baghare S/o Chaituram Baghare Aged About 42 years; Shiksha Karmi Grate III Primary School Belgaonpara Block Bakawand P.S.

2. Balram Baghel S/o. Uttam ram Baghel Aged About 39 Years, R/o. Shiksha Karmi Grate III Primary School Baniyagaon Block Bakawand P.S. Nagarnar District Bastar Bastar (Chhattisgarh)

3. Vidneshwar Kashyap S/o. Chingduram Kashyap Aged About 41 Years Shiksha Karmi Grate III Primary School Taraguda Block Bakawand P.S.

4. Dhanurjay Kashyap S/o. Manglaram Kashyap Aged About 39 Years; Shiksha Karmi Grate III Primary School Tarapur Block Bakawand P.S.

5. Dinesh Kumar Joshi S/o. Kailash Chandra Joshi Aged About 47 Years Shiksha Karmi Grate III Primary School Ulnar Block Bakawand P.S.

6. Tejrao Uike S/o. Durga Prasad Uike Aged About 48 Years, Shiksha Karmi Grate III Primary School Kaudwand Block Bakawand P.S. Nagarnar District Bastar (Chhattisgarh)

7. Budhsan Bharati S/o. Late Domuram Bharati Aged About 41 Years, Shiksha Karmi Grate III Primary School Bajawand Block Bakawand P.S. Nagarnar

8. Navin Kumar Mourya S/o. Late Sukhram Mourya Aged About 39 Years, Shiksha Karmi Grate III Primary School Pahurbel Block Bakawand P.S.

9. Ramlal Kashyap S/o. Aayaturam Kashyap Aged About 39 Years Shiksha Karmi Grate III Primary School Pahurbel Block Bakawand P.S. Nagarnar 10.Smt. Geeta Kashyap W/o. Ramlal Kashyap Aged About 39 Years Shiksha Karmi Grate III Primary School Bhatrapara Block Bakawand P.S. Nagarnar 11.Ganesh Kumar Baghel S/o. Padam Singh Baghel Aged About 40 Years Shiksha Karmi Grate III Primary School Udiyapal Block Bakawand P.S. 12.Phool Singh Baghel S/o. Late Hariram Baghel Aged About 40 Years Shiksha Karmi Grate III Primary School Bakawand Block Bakawand P.S. 13.Smt. Gunjmati Kashyap W/o. Lalit Pujari Aged About 38 Years Shiksha Karmi Grate III Primary School Palpara Badedevara Block Bakawand P.S. 14.Smt. Neela Bharati W/o. Niranjan Kashyap Aged About 40 Years Shiksha Karmi Grate III Primary School Bakawand Block Colony Block Bakawand P.S.

Nagarnar District Bastar (Chhattisgarh) 15.Smt. Arawati Kashyap Wd/o. Kacharuram Kashyap Aged About 40 Years Shiksha Karmi Grate III Primary School Chhinari Block Bakawand P.S. 16.Smt. Lata Yadav W/o. S. Yadav Aged About 54 Years Shiksha Karmi Grate III Primary School Magarguda Block Bakawand P.S. Nagarnar District Bastar (Chhattisgarh) 17.Smt. Manwati Panigrahi W/o.

Shiksha Karmi Grate III Primary School Chalnar Block Bakawand P.S. 18.Smt. Jayanti Thakur W/o. Dlaendra Singh Thakur Aged About 39 Years Shiksha Karmi Grate III Primary School Soraguda (Belpuri) Block Bakawand P.S. Nagarnar District Bastar (Chhattisgarh) 19.Smt. Khembati Nag W/o. Jaldev Nag Aged About 37 Years Shiksha Karmi Grate III Primary School Karitgaon Block Bakawand P.S. Nagarnar District Bastar (Chhattisgarh) 20.Samnath Kashyap S/o. Seetaram Kashyap Aged About 43 Years Shiksha Karmi Grate III Primary School Bhandaripara Block Bakawand P.S. 21.Raghnath Kashyap S/o. Suknath Kashyap Aged About 43 Years Shiksha Karmi Grate III Primary School Belguda Block Bakawand P.S. Nagarnar 22.Damaru Singh Kashyap S/o. Late Mahettar Ram Aged About 37 Years Shiksha Karmi Grate III Primary School Kinjoli Block Bakawand P.S. 23.Renguram Bisai S/o.

Late Durjodhan Aged About 45 Years Shiksha Karmi Grate III Primary School Khameshwari Block Bakawand P.S. Nagarnar 24.Ganesh Ram Sahu S/o. Ratiram Sahu Aged About 41 Years Shiksha Karmi Grate III Primary School Barda Block Bakawand P.S. Nagarnar District Bastar (Chhattisgarh) 25.Smt. Krishna Dewangan W/o. B.S. Dewangan Aged About 47 Years Shiksha Karmi Grate III Primary School Sonpur Block Bakawand P.S. 26.Madhusudan Mourya S/o. Arjun Singh Mourya Aged About 48 Years Shiksha Karmi Grate III Primary School Araguda Block Bakawand P.S. 27.Dayaram Netam S/o. Domuram Netam Aged About 41 Years Shiksha Karmi Grate III Primary School Pathreyaguda Block Bakawand P.S. 28.Heera Singh Bhoyar S/o. Jaysingh Bhoyar Aged About 44 Years Shiksha Karmi Grate III Primary School Soutpur Block Bakawand P.S. Nagarnar 29.Damodar Sethiya S/o.

Govind Ram Sethiya Aged About 39 Years Shiksha Karmi Grate III Primary School Sargiguda Block Bakawand P.S. Nagarnar 30.Bhimraj Sinha S/o. Mansharam Sinha Aged About 43 Years Shiksha Karmi Grate III Primary School Farsara Block Bakawand P.S.

31.Kailash Singh Baghel S/o. Trilochan Singh Aged About 39 Years Shiksha Karmi Grate III Primary School Sanwara Block Bakawand P.S. Nagarnar 32.Smt. Harbai Nayak W/o. Piluram Nayak Aged About 41 Years Shiksha Karmi Grate III Primary School Polebeda Block Bakawand P.S. Nagarnar 33.Kailesh Chand Mandavi S/o. Shobharam Mandavi Aged About 38 Years Shiksha Karmi Grate III Primary School Lohandibeda Block Bakawand P.S. 34.Smt. Arati Baghel W/o. Kishore Aged About 37 Years Shiksha Karmi Grate III Primary School Kadomali Block Bakawand P.S. Nagarnar District Bastar (Chhattisgarh) 35.Smt. Neelu Singh Mandavi W/o. Kailash Chand Mandavi Aged About 37 Years Shiksha Karmi Grate III Primary School Balak Ashram Kolawal Block Bakawand P.S. Nagarnar District Bastar (Chhattisgarh) 36.Smt. Jamuna Kashyap W/o.

Mangalsai Kashyap Aged About 38 Years Shiksha Karmi Grate III Primary School Marimuda Block Bakawand P.S. 37.Narendra Kumar Pandey S/o. Trinath Prasad Pandey Aged About 39 Years Shiksha Karmi Grate III Primary School Sargiguda Block Bakawand P.S. 38.Lakhidhar Kashyap S/o. Ballabhram Kashyap Aged About 35 Years Shiksha Karmi Grate III Primary School Paraiguda Block Bakawand P.S. 39.Salikram Mandavi S/o. Mayaram Mandavi Aged About 46 Years Shiksha Karmi Grate III Primary School Bhimaguda Block Bakawand P.S. Nagarnar 40.Babulal Baghel S/o. Madanlal Aged About 42 Years Shiksha Karmi Grate III Primary School Bhimaguda Block Bakawand P.S. Nagarnar District Bastar (Chhattisgarh) 41.Narendra Kumar Kashyap S/o. Budhsingh Kashyap Aged About 35 Years Shiksha Karmi Grate III Primary School Chiuargaon Block Bakawand P.S. 42.Hareram Prasad Pandey S/o.

Padamnath Pandey Aged About 47 Years Shiksha Karmi Grate III Primary School Gudiyadopara Block Bakawand P.S. Nagarnar District Bastar (Chhattisgarh) 43.Tularam Kashyap S/o. Aayaturam Kashyap Aged About 43 Years Shiksha Karmi Grate III Primary School Sautpur Block Bakawand P.S. Nagarnar 44.Krishna Hare Baghel S/o. Somaru Baghel Aged About 49 Years Shiksha Karmi Grate III Primary School Pujaripara Block Bakawand P.S.

45.Soman Singh Kashyap S/o. Gambhir Singh Kashyap Aged About 42 Years Shiksha Karmi Grate III Primary School Amadula Block Bakawand P.S. 46.Narsingh Bharati S/o. Shobharam Bharati Aged About 44 Years Shiksha Karmi Grate III Primary School Karitgaon Block Bakawand P.S. Nagarnar 47.Anam Kumar Kashyap S/o. Mohanram Kashyap Aged About 42 Years Shiksha Karmi Grate III Primary School/bal Ashram Pathari Block Bakawand P.S. Nagarnar District Bastar (Chhattisgarh) 48.Anand Ram Baghel S/o. Gadaruram Baghel Aged About 38 Years Shiksha Karmi Grate III Primary School Bayankaguda Block Bakawand P.S. 49.Smt. Gunjbati Korram W/o. Ramdhar Korram Aged About 37 Years Shiksha Karmi Grate III Primary School Dongariguda Block Bakawand P.S. 50.Smt. Sandhya Dewangan W/o.

Devendra Kumar Dewangan Aged About 40 Years Shiksha Karmi Grate III Primary School Patelpara Block Bakawand P.S. Nagarnar District Bastar (Chhattisgarh) 51.Kailesh Singh Bakade S/o. Laxman Singh Bakade Aged About 41 Years Shiksha Karmi Grate III Primary School Sanghkarmari Block Bakawand P.S. Nagarnar District Bastar (Chhattisgarh) 52.Khageshwar Singh Bhomer S/o. Satrughan Singh Bhomer Aged About 45 Years Shiksha Karmi Grate III Primary School Tutidevara Block Bakawand P.S. Nagarnar District Bastar (Chhattisgarh) 53.Smt. Pushpa Kashyap W/o. Aantram Kashyap Aged About 43 Years Shiksha Karmi Grate II High School Lingauguda (Bedekora) Block Kondagaon P.S. Kondagaon District Kondagaon (Chhattisgarh) 54.Holeshwar Dewangan S/o. Sukuram Dewangan Aged About 41 Years Shiksha Karmi Grate II High School Taraibeda Block Makari P.S.

1. The State of Chhattisgarh Through : The Secretary, Department of Panchayat Gramin Vikas And Shram (Labour) Department, Mantralaya, Naya Raipur P.S. Rakhi, District Raipur (Chhattisgarh)

2. Director, Panchayat Sanchanalay Chhattisgarh Indrawati Bhawan Naya Raipur P.S. Rakhi District Raipur (Chhattisgarh)

3. Chief Executive Officer, District Panchayat Jagdalpur P.S. Kotwali District Bastar (Chhattsgarh)

4. Chief Executive Officer, Janpad Panchayat Kondagaon P.S. Kondagaon

District Kondagaon (Chhattisgarh)

5. Collector, Collector Office Bastar P.S. Kotwali Jagdalpur District Bastar (Chhattisgarh)

6. District Education Officer Bastar, P.S. Kotwali Jagdalpur, District Bastar (Chhattisgarh)

7. Collector, Collector Office Kondagaon P.S. Kondagaon District Kondagaon (Chhattisgarh)

8. District Education Officer Kondagaon, P.S. Kondagaon, District Kondagaon (Chhattisgarh) ---- Respondents For Petitioners in WP (S) No.1341/15 :

Shri Goutam Khetrapal, Advocate For Petitioners in WP (S) No. 1372/15 :

Shri PK Tulsyan, Adovcate For Respondent/State :

Shri Prafull N. Bharat, Additional Advocate General & Shri Shashank Thakur, GA for the State with Shri M.K. Raut, Additional Chief Secretary, Panchayat & Rural Development Hon'ble Shri Justice Prashant Kumar Mishra Order On Board By 30/04/2015 1.

These writ petitions have been preferred seeking benefit of the circular dated 211-11 for grant of time-bound promotion/Kramonnati on completion of 10 years of service. The petitioners have claimed parity in view of the order passed in writ appeal No.389/14, decided on 23-3-2015.

2.

Shri Prafull N. Bharat, learned Additional Advocate General and Shri Shashank Thakur, learned Government Advocate for the State, appearing along with M.K. Raut, Additional Chief Secretary, Panchayat & Rural Development, would submit that the benefit of the circular dated 2-11-11 has been withdrawn by issuing a circular on 14-11-14 w.e.f. 1-5-13. They would submit that subsequently, the Division Bench in writ appeal Nos. 227 & 231 of 2015 has

passed order, therefore, the present writ petitions do not survive. 3.

The above statement is not disputed by the learned counsel for the petitioners. 4.

In writ appeal Nos. 227 & 231 of 2015, the Division Bench of this Court has passed the following order:- "3. The Writ Appeals arise from separate orders, dated 17.10.2014 and 26.9.2014, disposing a batch of analogous cases including Writ Petition (S) No.2914 of 2014 and Writ Petition (S) No.4382 of 2014 filed by the Appellants. Since we have already heard and disposed Writ Appeal No.389 of 2014 and analogous appeals involving similar questions as raised in the present Writ Appeals on 23.3.2015, it is considered appropriate to condone the delay. Delay is therefore condoned.

4. While passing the order dated 23.3.2015, the subsequent order passed by the Respondents on 14.11.2014 recalling the order dated 2.11.2011 with effect from 1.5.2013 had not been brought to our attention.

5. The present Writ Appeals are therefore disposed in similar terms as Writ Appeal No.389 of 2014 and analogous appeals, dated 23.3.2015, with the only clarification that in view of the order dated 14.11.2014 the claim of the Appellants is required to be considered only for the period 2.11.2011 till 1.5.2013.

6. The Writ Appeals are disposed in similar terms as Writ Appeal No.389 of 2014 and analogous appeals with the aforesaid clarification."

5.

In view of the above, the present writ petitions are disposed of in terms of writ appeal Nos. 227 & 231 of 2015. In other words, petitioners' case for grant of Kramonnati is required to be considered only for the period 2-11-11 till 1-5-13, if the petitioners fulfill the eligibility criteria as per the norms laid down by the State Government.

J U D G E ashu