High Court Of ChhattisgarhWPS/4048/2019disposed off

Smt. Rameshwari Markandey v. State Of Chhattisgarh

2019-05-17Hon'Ble Shri Justice P. Sam Koshy3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 4048 of 2019

1. Smt. Rameshwari Markandey W/o Shri Ghanshyam Markandey, Aged About 34 Years, Working As Lecturer (Panchayat) And Posted At Govt. High School Khapri, Block Balod, District- Balod, Chhattisgarh...........(Before Marriage Ku. Rameshwari Deshlahre)

2. Swadesh Rahi S/o Shri Shatruhan Prasad Rahi, Aged About 40 Years Working As Lecturer (Panchayat) And Posted At Govt. High School Khapri, Block Balod, District- Balod, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, New Raipur, DistrictRaipur, Chhattisgarh

2. Director, Directorate of Chhattisgarh Public Instruction, Indravati Bhawan, Naya Raipur, District- Raipur, Chhattisgarh

3. Chief Executive Officer, Zila Panchayat Balod, District- Balod, Chhattisgarh

4. District Education Officer, Balod, District- Balod, Chhattisgarh ---- Respondents For Petitioners :

Shri Ajay Shrivastava, Advocate For State :

Mr. Arvind Dubey, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 17.05.2019

1. The grievance of the petitioners in the present writ petition is the nonacceptance of the past service rendered by the petitioners as Assistant Teacher (P) by the respondents for the purpose of absorption in the Education Department.

2. The details of the initial appointment of the petitioners as also the subsequent appointment and the post on which they were appointed are reflected in the table as shown below:

Petitioner First Appointment Date of Joining

Present

Appointment Date of Joining No.1 01.07.08 S.K.-3 01.07.08 04.10.10 S.K.-1 04.10.10 No.2 01.10.08 S.K.-2 01.10.08 19.01.12 S.K.-1 23.01.12

3. For the purpose of grant of revised pay scale, the State Govt. has taken the past service rendered as Assistant Teacher (P) of the petitioners and has granted the benefit of revised pay scale on completion of 8 years service starting from the time when the petitioners were initially appointed as Assistant Teacher (P).

4. The grievance of the petitioners now is that though the Department has accepted the past service of the petitioners for the purpose of revised pay scale but for the purpose of counting the total length of service for absorption in the Education Department, the past service is not being considered.

5. This Court does not find any strong reason or ground on the part of the Department for not accepting the past service of the petitioners for the purpose of absorption particularly when the department has counted the past service for the purpose of grant of revised pay scale.

6. Given the aforesaid fact, let the case of the petitioners be scrutinized by respondents 1 & 2 and an appropriate order be passed as to why the past service of the petitioners cannot be counted for the purpose of absorption when the Department itself has counted the said period for the purpose of revised pay scale. Let an order be passed by respondents 1 & 2 within a period of 90 days from the date of receipt of copy of this order. It shall be the responsibility of the petitioners to apprise respondents 1 & 2 so far as the order passed by this Court is concerned. The petitioners would be at liberty to file a suitable representation, if they so want, supported with all relevant documents.

7. With the aforesaid observation, the writ petition stands disposed of. Sd/- (P. Sam Koshy) JUDGE Khatai