Smt. Nutan Lakda v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4674 of 2019 Smt. Nutan Lakda S/o Shri Theodar Lakda Aged About 46 Years Occupation Assistant Teacher Govtrnment Middle School Ramnagar , R/o Village Ramnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary School Education Department Mahanadi Bhawan, Naya Raipur, Disrtict- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. Secretary Panchayat, Village Development And Labour Department, Mantralaya Naya Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. District Education Officer Surajpur District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh

4. Chief Executive Officer Janpad Panchayat Surajpur District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh ---- Respondents For Petitioners :

Mr. R. K. Patel, Advocate For State :

Ms. Astha Shukla, PL Hon'ble Shri Justice P. Sam Koshy Order on Board /0 6 /2019

1. The prayer made by the petitioner in the Writ Petition is for issuance of direction to the respondents to count the petitioner's service from the date of appointment and not from the date of joining.

2. The petitioner had been seeking this relief so as to obtain the benefit of absorption in the School Education Department as per the policy of the State Government dated 30.06.2018 (Annexure P/3).

-23. The matters pertains to absorption of those Teachers (Panchayat/Urban Administration Department), whose services have been taken by the School Education Department should be absorbed as per the policy dated 30.06.2018. As per the said policy, whoever has 8 years of service as on 01.07.2018 would be considered for absorption.

4. Subsequently, another order was passed on 02.07.2018 by the Secretary, School Education Department whereby it has been ordered that all those Teachers (Panchayat/Urban Administration Department) who have completed 8 years of service as on 01.07.2019 would be again considered for absorption and this process thereafter would be continued on the completion of 8 years of service by the department by the first of January as also by the first of July each year for the purpose of absorption.

5. So far as present matter is concerned, the petitioner was appointed vide order dated 28.06.2011 and she had given her joining on 02.07.2011. Accepting 02.07.2011 to be the date of appointment, the petitioners undisputedly complete their 8 years of service on 01.07.2019.

6. In the given facts, so far as the petitioners herein are concerned, their claim squarely falls within the circular dated 30.06.2018 & 02.07.2018 for the purpose of absorption and this Court does not find any good reason for not granting the benefit in accordance with the policy dated 30.06.2018 & 02.07.2018 to the petitioners herein subject to the petitioners fulfilling the other eligibility criteria required for absorption if any under the Rules.

-37. Given the aforesaid factual matrix of the case, this Court is of the opinion that since the petitioners have 8 years of service as on 01.07.2019, the present Writ Petition can be disposed off with a direction to the concerned respondents to consider and decide their claim for absorption in accordance with the policy prevalent and the rules governing the field within a period of 90 days from the date of receipt of certified copy of this order.

8. The Writ Petition accordingly stands disposed off. Sd/- (P. Sam Koshy) Judge Rohit