Kamla Soni v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.311 of 2017 Kamla Soni D/o Shri Vishvanath Soni, aged about 32 years, working as Shiksha Karmi Grade-III (Assistant Teacher Panchayat) at Government Primary School Kabirdham, Block Baloda, R/o Sonarpara Champa, District-Janjgir-Champa (CG) ---- Petitioner

Versus

1. State of Chhattisgarh, Through the Secretary, Department of Panchayat & Rural Development, Ministry, Mahanadi Bhavan, New Raipur, District Raipur (CG)

2. The Director, Department of Panchayat & Rural Development, Raipur, District Raipur (CG)

3. Chief Executive Officer, District Panchayat, Janjgir-Champa, District Janjgir-Champa (CG)

4. The Executive Officer, Janpad Panchayat Baloda, District JanjgirChampa (CG) ---- Respondents For Petitioner :

Mr.Anshul R. Shrivastava, Advocate For Res.No.1 & 2 :

Mr.Ashish Surana, P.L.

Hon'ble Shri Manindra Mohan Shrivastava, J.

Order on Board 19/1/2017

1. The petitioner who is working on the post of Siksha Karmi Grade-III, through this petition is claiming the benefits at par with the regular employees of the Panchayat Department.

2. Counsel for the petitioner submits that a similar issue in this regard has already come up before the Division Bench of this Court in a bunch of Writ Appeals, the leading appeal being W.A. No.321/2011 decided on 15.09.2014. According to the counsel for the petitioner,

the present writ petition can also be disposed of in terms of the directions given by the Division Bench on 15.09.2014. He further submits that the co-ordinate Bench of this Court also in W.P.(S) No.6651/2014 vide its order dated 22.12.2014, had disposed of the writ petition in the light of the decision of the Division Bench dated 15.09.2014.

3. State counsel also agrees for the case of the petitioner to be disposed off in terms of the order passed by the Division Bench as well as the order passed by the Co-ordinate Bench referred to above.

4. Accordingly, the instant writ petition is disposed off with a direction that the petitioner may file a representation before the concerned respondent/Authorities within a period of two weeks from the date of receipt of certified copy. The petitioner shall also file the certified copy of the above referred two orders before the concerned Authority. On such representation being submitted, the Authorities concerned shall decide the claim of the petitioner in terms of the order passed by the Division of this Court in W.A. No.321/2011 dated 15.09.2014 and the order dated 22.12.2014 passed in W.P.(S) No.6651/2014, objectively. The Authorities should decide the same as expeditiously as possible within a period of three months from the date of receipt of representation.

5. With the aforesaid observation, the writ petition stands disposed of. Sd/- (Manindra Mohan Shrivastava) Judge B/-