Mithleshwari Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4635 of 2018 Mithleshwari Yadav W/o Anil Yadav Aged About 40 Years R/o Village Kothar, Tehsil Kawardha, District Kabirdham, Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh . ---- Petitioner

Versus

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

2. Commissioner Cum Director, Panchayat, Sanchanalaya, Naya Raipur, District Raipur, Chhattisgarh.

3. Collector, Collectorate Kawardha District Kabirdham, Chhattisgarh.

4. Chief Executive Officer, Zila Panchayat, District Kabirdham, Chhattisgarh.

5. Chief Executive Officer, Janpad Panchayat, Kawardha, District Kabirdham, Chhattisgarh.

6. Block Education Officer, Kawardha, District Kabirdham, Chhattisgarh.

----Respondents For the Petitioner :

Shri Rajnish Singh Baghel, Advocate For the State :

Shri R.K. Gupta, Dy. Advocate General ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /07/2018

1. Heard counsel for the parties.

2. The petitioner is aggrieved by the action of the respondents, whereby the increment granted to the petitioner is being withdrawn on the ground that petitioner has not passed B. Ed/D. Ed examination.

3. Learned counsel for the petitioner would submit that the issue

with regard to withdrawal/non grant of increment on the ground of having not passed B.Ed/D. Ed examination was examined by this Court in the case of Jayant Kumar Patle vs. State of Chhattisgarh (WPS No.4271 of 2017 and batch of petitions, vide order dated 03-11-2017) and also in WPS No. 99/2018 (Laxmaneshwar Giri Goswami -v- State of CG and ors.) and various directions have been issued for affording proper opportunity of hearing and then decide the matter. This case is squarely covered by the above cases and may be disposed of in the light of the directions given in above cases.

4. Learned State counsel would submit that the petitioner's claim would be examined after affording opportunity of hearing in terms of order dated 03-11-2017 passed in the case of Jayant Kumar Patle (supra).

5. Considering the aforesaid submission, this petition is finally disposed off with a direction to the respondents for examination of petitioner's claim in terms of order passed by this Court in the case of Jayant Kumar Patle (supra) and take appropriate decision thereon.

Sd/- (Sharad Kumar Gupta) Judge Kamde