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High Court Of ChhattisgarhWPS/7166/2017allowed

Paras Ram Anchal v. State Of Chhattisgarh

2018-01-03Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 7166 of 2017 • Paras Ram Anchal S/o Shri Gophe Lal Anchal, Aged About 42 Years Working As Teacher Panchayat, Govt. Middle School, Nawagaon Tikait, Block Pandariya, District Kabirdham, Chhattisgarh. • Bharat Prasad Khande S/o Shri Tulsi Ram, Aged About 39 Years Working As Teacher Panchayat, Govt. Middle School, Damapur Bazar, Block Pandariya, District Kabirdham, Chhattisgarh. • Ugrasen Chandravanshi S/o Shri Ramnarayan Chandravanshi, Aged About 42 Years Working As Teacher Panchayat, Govt. Middle School, Dongariya Kala, Block Pandariya, District Kabirdham, Chhattisgarh.

• Sukhdev Singh Ahileshvar S/o Shri Daulal Ahileshvar, Aged About 35 Years Working As Teacher Panchayat, Govt. Middle School, Manne, Block Kawardha, District Kabirdham, Chhattisgarh. • Shrawan Kumar Korram S/o Shri Tejram, Aged About 35 Years Working As Teacher Panchayat, Govt. Middle School, Koliyari Kala, Block Pandariya, District Kabirdham, Chhattisgarh. • Bhairo Prasad Khande S/o Shri Ammar Singh Khande, Aged About 37 Years Working As Teacher Panchayat, Govt. Middle School, Patharri, Block Pandariya, District Kabirdham, Chhattisgarh. • Smt. Shakun Chandravanshi W/o Shri Ravi Chandravanshi, Aged About 37 Years Working As Teacher Panchayat, Govt. Middle School, Charbhata Khurd, Block Pandariya, District Kabirdham, Chhattisgarh.

• Smt. Ratna Shukla W/o Shri Nitesh Shukla, Aged About 36 Years Working As Teacher Panchayat, Govt. Middle School Sondha, Block Pandariya, District Kabirdham, Chhattisgarh.

• Ramnarayan Tiwari S/o Shri Shiv Kumar Tiwari, Aged About 34 Years Working As Teacher Panchayat, Govt. Middle School, Mohtara Khurd, Block Pandariya, District Kabirdham, Chhattisgarh. ---- Petitioner

Versus

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

• Director, Panchayat And Rural Development Department, Indrawati Bhawan, Naya Raipur, District Raipur, Chhattisgarh. • Chief Executive Officer, Zila Panchayat, Kabirdham, District Kabirdham, Chhattisgarh.

---- Respondents

------------------------------------------------------------------------------------------- For Petitioner :

Mr. C.J.K. Rao, Advocate.

For State :

Mr. Prasun Bhaduri, GA ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order on Board 03/01/2018 1.

Learned counsel for the petitioner would submit that the rules applicable to the petitioner did not require obtaining NOC before undertaking higher studies.He would submit that this issue was examined by this Court in WPS No.2530/2017 and batch of petitions in which, order was passed on 28/11/2017. Learned counsel for the petitioner claims that his case is also covered by the said decision. Therefore, his case is required to be examined by respondent No.3 in accordance with the said decision.

Without commenting upon the merits of the case, at this stage, this petition is disposed off with a direction to respondent No.3 to examine petitioner's claim in the light of order dated 28/11/2017 passed in WPS No.2530/2017 and batch of petitions referred to above and if his case is found similarly situated, appropriate decision may be taken within a period of four weeks from the date of receipt of copy of this order. Sd/- (Manindra Mohan Shrivastava) Judge Rohit