Ram Kumar Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 3889 of 2019

1. Ram Kumar Patel S/o Shri Satyanand Patel, Aged About 40 Years Presently Posted As Assistant Teacher (L.B.) At Government Higher Secondary School Lendhra, Block Baramkela, District Raigarh Chhattisgarh. R/o Village Lendhra, Tahsil Baramkela, District Raigarh Chhattisgarh

2. Bhagirathi Das S/o Late Laxmi Narayan Das, Aged About 48 Years Presently Posted As Assistant Teacher (L.B.) At Government Higher Secondary School Lendhra Block Baramkela, District Raigarh Chhattisgarh, R/o Village Lendhra, Tahsil Baramkela, District Raigarh Chhattisgarh

3. Smt. Savita Das Vaishnaw S/o Late Laxmi Narayan Das, Aged About 43 Years Presently Posted As Teacher (L.B.) At Government Girls Higher Secondary School Baramkela, Block Baramkela, District Raigarh, Chhattisgarh, R/o Village Baramkela, Tahsil Baramkela District Raigarh, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Department Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh

2. Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh

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

4. Chief Executive Officer, Zila Panchayat Raigarh, District Raigarh Chhattisgarh

5. Block Education Officer, Baramkela, District Raigarh, Chhattisgarh ---- Respondents

For Petitioners :

Ms. Akshara Amit, Advocate For State :

Mr. Smir Behar, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 16/05/2019 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. 2.

The claim of the petitioners is based on the fact that the nature of duties discharged by them as Shiksha Karmis is 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. The petitioners in this regard have made representations to the respondents. 3.

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 are 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. 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.

4.

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 Bhola