Sanjay Kumar Yadu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3167 of 2016

1. Sanjay Kumar Yadu S/o Bali Ram Yadu, Aged About 41 Years Presently Posted As Head Master At Govt. Primary School Gabaud ( Odkakan ), Block Palari, District Balodabazar Bhatapara (Chhattisgarh).

2. Deepak Kumar Sharma, S/o Shiv Kumar Sharma, Aged About 41 Years Presently Posted As Head Master At Govt. Primary School Kuchi ( Lankahuda ), Block Palari, District Balodabazar Bhatapara (Chhattisgarh).

3. Naveen Kumar Jha, S/o N. K. Jha, Aged About 43 Years Presently Posted As Head Master At Govt. Primary School Dhelki ( Chandan ), Block Palari, District Balodabazar Bhatapara (Chhattisgarh).

4. Pushplata Nayak, W/o Pradeep Nayak, Aged About 40 Years Presently Posted As Head Master At Govt. Primary School Bemetara, Block & District Balodabazar Bhatapara (Chhattisgarh).

5. Dinesh Kumar Tamrakar, S/o Ramdular Tamrakar, Aged About 38 Years Presently Posted As Head Master At Govt. Primary School Kukda, Block Bhatapara, District Balodabazar Bhatapara (Chhattisgarh).

6. Smt. Seema Yevle W/o Anil Yevle, Aged About 40 Years Presently Posted As Head Master At Govt. Primary School Amlidih, Block Bhatapara, District Balodabazar Bhatapara (Chhattisgarh).

7. Smt. Devkumari Adil, W/o Shankar Lal Adil, Aged About 43 Years Presently Posted As Head Master At Govt. Primary School Akaltara, Block Bhatapara, District Balodabazar Bhatapara (Chhattisgarh).

8. Smt. Sarita Verma, W/o Omprakash Verma, Aged About 40 Years Presently Posted As Head Master At Govt. Primary School Lachchhanpur, Block Bhatapara, District Balodabazar Bhatapara (Chhattisgarh).

9. Smt. Shalini Shukla, W/o Avadhesh Shukla, Aged About 39 Years Presently Posted As Head Master At Govt. Primary School Kodapar, Block Bhatapara, District Balodabazar Bhatapara (Chhattisgarh).

10. Smt. Dhaneshwari Verma, W/o Tula Ram Verma, Aged About 42 Years Presently Posted As Head Master At Govt. Primary School Rajpur, Block Bhatapara, District Balodabazar Bhatapara (Chhattisgarh).

11. Khilendra Sahu S/o Sakha Ram Sahu, Aged About 37 Years Presently Posted As Head Master At Govt. Primary School Gadhidih ( Devri Khurd ), Block Palari, District Balodabazar Bhatapara (Chhattisgarh).

12. Khemraj Dhruv, S/o Narayan Prasad Dhruv, Aged About 40 Years Presently Posted As Head Master At Govt. Primary School Parsadih, Block Palari, District Balodabazar Bhatapara (Chhattisgarh).

13. Rasid Mohammad, S/o Garib Mohammad, Aged About 41 Years Presently Posted As

Head Master At Govt. Primary School Suma, Block Bhatapara, District Balodabazar Bhatapara (Chhattisgarh).

14. Dhanesh Kumar Dewangan, S/o Shuk Lal Dewangan, Aged About 40 Years Presently Posted As Head Master At Govt. Primary School Bharatpur, Block Bhatapara, District Balodabazar Bhatapara (Chhattisgarh).

15. Ashok Kumar Meshram, S/o Harishchandra Meshram, Aged About 41 Years Presently Posted As Head Master At Govt. Primary School Lalpur, Block Bhatapara, District Balodabazar Bhatapara (Chhattisgarh). ---- Petitioners

Versus

1. State Of Chhattisgarh Through Its Secretary Department Of School Education, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur (Chhattisgarh).

2. District Education Officer, Balodabazar, District Balodabazar Bhatapara (Chhattisgarh).

3. Director, Directorate Of Public Instructions, Raipur, District Raipur (Chhattisgarh).

4. Block Education Officer, Block Bhatapara, District Balodabazar Bhatapara (Chhattisgarh).

5. Block Education Officer, Block Palari, District Balodabazar Bhatapara (Chhattisgarh).

---- Respondents Ms. Ruchi Nagar, counsel for the petitioner/s. Shri Gary Mukhopadhyaya, Dy.G.A. for the State on advance copy. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 26/07/2016 In this petition, the petitioners have prayed for direction to the competent authority to decide their representation.

2.

Learned counsel for the petitioners submits that when similar cases of identically situated Head Masters came up for consideration before this Court in W.P.(S) No.1184 of 2016, the petition was disposed off as State counsel stated before the Court that the petitioners' representations shall be considered and decided by the competent authority. It is submitted that this petition may also be disposed off on similar terms.

3.

Learned State counsel submits that though earlier the submission was made by the State, but at this stage, it has been realised that petitioners' claim is of regular annual increment, though they have been continued in services by virtue of interim order passed in cases pending before this Court. 4.

Learned State counsel could not dispute that petitioners, who had come before this Court in W.P.(S) No.1184 of 2016 are identically situated, as the petitions herein and their cases were also pending before this Court and they have continued in service by virtue of interim order, therefore, in similar petitions, similar order is required to be passed.

5.

Accordingly, in this case, it is directed that respondents shall consider petitioners' claim within a period of three months from today on similar consideration as the case of petitioners in W.P.(S) No. 1184 of 2016. It is made clear that this Court has not commented upon the merits of the case. 6.

With the aforesaid observation, this petition stands disposed off. Sd/- (Manindra Mohan Shrivastava) JUDGE Deepti