High Court Of ChhattisgarhWPS/2745/2020disposed off

Dev Ram Banjare v. State Of Chhattisgarh

2020-07-15Hon'Ble Shri Justice Goutam Bhaduri3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2745 of 2020

1. Dev Ram Banjare S/o Shri Kalash Ram Banjare Aged About 45 Years Working As Head Master And Posted At Govt. Primary School Sukli, Block Kasdol, District Baloda Bazar Chhattisgarh

2. Chitra Kumar Bhoi S/o Shri Janku Ram Bhoi Aged About 46 Years Working As Head Master And Posted At Govt. Primary School Bar, Block Kasdol, District Baloda Bazar Chhattisgarh

3. Heeralal Sahu S/o Shri Dukaluram Sahu Aged About 47 Years Working As Head Master And Posted At Govt. Primary School Bhadra, Block Kasdol, District Baloda Bazar Chhattisgarh

4. Ashok Kumari Sahu D/o Shri Pyare Lal Sahu Aged About 47 Years Working As Head Master And Posted At Govt. Primary School Borsi, Block Kasdol, District Baloda Bazar Chhattisgarh

5. Bhaskar Dewangan S/o Shri B.B. L. Dewangan Aged About 45 Years Working As Head Master And Posted At Govt. Primary School Rikokhurd, Block Kasdol, District Baloda Bazar Chhattisgarh

6. Manoj Kumar Jatwar S/o Shri Thanda Ram Jatwar Aged About 45 Years Working As Head Master And Posted At Govt. Primary School Balar Nawagaon, Block Kasdol, District Baloda Bazar Chhattisgarh.

7. Wansh Gopal Chouhan S/o Shri Shambhu Narayan Chouhan Aged About 46 Years Working As Head Master And Posted At Govt. Primary School Nawapara, Block Kasdol, District Baloda Bazar Chhattisgarh.

8. Tijau Ram Paikra S/o Shri Nankun Paikra Aged About 45 Years Working As Head Master And Posted At Govt. Primary School Sarwa, Block Kasdol, District Baloda Bazar Chhattisgarh

9. Jay Lal Paikara S/o Shri Kanhaiya Lal Paikara Aged About 45 Years Working As Head Master And Posted At Govt. Primary School Katwajhar, Block Kasdol, District Baloda Bazar Chhattisgarh 10.

Nand Kumar Paikara S/o Shri Firatu Ram Paikara Aged About 46 Years Working As Head Master And Posted At Govt. Primary School Kharha, Block Kasdol, District Baloda Bazar Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, New Mantralaya, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh

2. The Director Directorate, Public Instruction Indravati Bhawan, New Mantralaya, Atal Nagar Nawa Raipur, District Raipur Chhattisgarh.

3. District Education Officer Baloda Bazar District Baloda Bazar

Chhattisgarh

4. Block Education Officer Block Kasdol, District Baloda Bazar Chhattisgarh ---- Respondents For Petitioners :

Mr. R.S. Patel, Advocate For State :

Mr. Amrito Das, Addl. A.G.

Hon'ble Shri Justice Goutam Bhaduri Order 15/07/2020

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-3) and 05.01.2011 (Annexure P-4), since the petitioner has completed his D.Ed degree before joining at his own expenses, therefore the petitioner was given two advance increment. Subsequently, general order dated 07.03.2020 (Annexure P-1) was issued on the basis of which the petitioner was served with a show cause notice dated 08.06.2020 (Annexure P-1) 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 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 D.Ed 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-1), show cause notice dated 08.06.2020 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-1) 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-1) 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 08.06.2020, 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 Vishakha