Smt. Reeta Dwivedi v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4813 of 2019

1. Smt. Reeta Dwivedi W/o Pankaj Dwivedi Aged About 43 Years Working As Lecturer (Panchayat) Govt. Higher Secondary School Limtara, Block Dhamdha, District Durg Chhattisgarh.

2. Smt. Shabnam Khan W/o Sirajuddin Khan Aged About 48 Years Working As Lecturer (Panchayat) Govt. Higher Secondary School Barahapur, Block Dhamdha, District Durg Chhattisgarh.

3. Smt. Anita Yadav W/o Ajay Yadav Aged About 40 Years Working As Lecturer (Panchayat) Govt. Primary School Jevra, Block And District Bemetara Chhattisgarh.

4. Amit Kumar S/o Chhattu Ram Aged About 30 Years Working As Lecturer (Nagriya Nikay) Govt. Higher Secondary School Taikyapara, Durg Block And, District Durg Chhattisgarh.

---- Petitioners

Versus

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

2. Secretary Education Department Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur Chhattisgarh.

3. Director Public Instruction, Directorate Of Education, Atal Nagar, Naya Raipur Chhattisgarh

4. Commissioner- Cum - Director Directorate Of Panchayat, Atal Nagar, Raipur, District Raipur Chhattisgarh.

5. Chief Executive Officer Jila Panchayat Durg, District Durg Chhattisgarh.

6. Chief Executive Officer Jila Panchayat, Bemetera, District Bemetara Chhattisgarh.

7. District Education Officer Durg, District Durg Chhattisgarh.

8. District Education Officer Bemetara, District Bemetara Chhattisgarh. ---Respondents For Petitioners :

Mr. Harish Khuntiya, Advocate For State :

Mr. Arvind Dubey, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 01/07/2019

1. The grievance of the petitioners in the present writ petition is the nonacceptance of the past service rendered by the petitioners as Assistant

-2Teacher (P) by the respondents for the purpose of absorption in the Education Department.

2. The details of the initial appointment of and petitioners and the subsequent appointment and the post against which they were appointed on two occasions are reflected in the chart as produced below: Petitioners'

Name Date of Initial Appointment Date of Subsequent Appointment No.1 13.10.18 (S. K. 2) 05.07.10 (S. K. 1) No.2 13.10.08 (S. K. 2) 06.07.10 (S. K. 1) No.3 16.07.07 (S. K. 3) 27.12.18 (S. K. 3) No.4 03.02.07 (S. K. 3) 29.08.11 (S. K. 1)

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

-3revised 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 Ved