High Court Of ChhattisgarhWPS/2751/2020disposed off

Kalpana Sahu v. State Of Chhattisgarh

2020-07-16Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2751 of 2020 • Kalpana Sahu W/o Lila Ram Sahu Aged About 44 Years Presently Working As Lecturer (L.B.) At Govt. Boys Higher Secondary School, Nawagarh, District Bemetara, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh

2. Commissioner-Cum-Director Department Of Urban Administration And Development, Mantralaya, Indrawati Bhawan, Naya Raipur, District Raipur, Chhattisgarh

3. Chief Municipal Officer Nagar Panchayat, Nawagarh, District Bemetara, Chhattisgarh

4. District Education Officer, Bemetara District Bemetara, Chhattisgarh

5. Block Education Officer Nawagarh, District Bemetara, Chhattisgarh ---- Respondents For Petitioner :

Shri CJK Rao, Advocate For Respondents/State :

Shri Amrito Das, Addl. AG Hon'ble Shri Justice Goutam Bhaduri Order 16/07/20

1. Heard.

2. The grievance of the petitioner is that he was appointed initially as Shiksha Karmi Grade-I on 26.11.2011, subsequently, her services were regularized on 24.06.2016, however, the State has issued an order dated 08.03.2017 whereby it was ordered that the teachers who are not B.Ed/D.Ed pass shall not get the

benefit of increment in pay-scale.

3. It is stated that the said issue has been set at rest by this Court in the case of Jayant Kumar Patle Vs. State of Chhattisgarh (WPS No.4271 of 2017 and batch of petitions, vide order dated 03.11.2017), wherein the requirement of passing of B.Ed/D.Ed degree was diluted, therefore, the petitioner is also entitled to get the benefit in respect of the law laid down in the case of Jayant Kumar Patle (supra).

4. Learned counsel for the State submits that the petitioner's claim would be examined after affording opportunity of hearing in terms of order dated 03.11.2017 passed in the case of Jayant Kumar Patle (supra).

5. Considering the aforesaid submission, this petition is finally disposed of, with a direction to the respondents for examination of petitioner's claim in terms of order passed by this Court in the case of Jayant Kumar Patle (supra) subject to verification of the facts and take appropriate decision thereon.

6. The writ petition stands accordingly disposed off. SD/-Sd/-/- Goutam Bhaduri Judge Ashu