Matiram Bhagat v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.1067 of 2017

1. Matiram Bhagat S/o Shri Budhuram Bhagat, Aged About 53 Years Head Master, Govt. Middle School Khamatarai, Block & Tahsil Pathalgaon, Dist. Jashpur (Chhattisgarh)

2. Sakil Ahamad S/o Shri Mohammad Yasin, Aged About 56 Years Head Master, Govt. Girls Middle School Ludeg, Patthalgaon, Block & Tahsil Patthalgaon, Distt. Jashpur (Chhattisgarh)

3. Duleshwar Prasad Yadav S/o Shri Kanhyairam Yadav, Aged About 58 Years Upper Division Teacher, Govt. Middle School Botra Bahar, Patthalgaon, Block & Tahsil Patthalgaon, Distt. Jashpur (Chhattisgarh)

4. Smt. Nirmala Paikra W/o Shri Kunwar Sai Paikra, Aged About 52 Years Upper Division Teacher, Govt. Boys Middle School Ludeg, Patthalgaon, Block & Tahsil Patthalgaon, Distt. Jashpur (Chhattisgarh)

5. Smt. Alam Aara W/o Shri Rafiquddin Aged About 53 Years Assistant Teacher Govt. Primary School Tendupara, Patthalgaon, Block & Tahsil Patthalgaon, Distt. Jashpur (Chhattisgarh).

---- Petitioners

Versus

1. State of Chhattisgarh Through Its Chief Secretary, Mahanadi Bhawan, Mantralaya, Naya Raipur, Dist. Raipur (Chhattisgarh)

2. Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, Dist. Raipur (Chhattisgarh)

3. The Collector, Jashpur, District Jashpur (Chhattisgarh)

4. District Education Officer, Jashpur, District Jashpur (Chhattisgarh)

5. Assistant Commissioner, Jashpur (Tribal Development Collectorate Campus) Jashpur, District Jashpur (Chhattisgarh)

6. Block Education Officer, Block Patthalgaon, District Jashpur (Chhattisgarh). ---- Respondents For Petitioners :

Shri RS Patel, Advocate.

For State/respondents :

Shri SP Kale, Deputy Advocate General.

Hon'ble Shri Justice P. Sam Koshy Order On Board 03/03/2017

1. The petitioners by way of this petition seek a direction to the respondents to consider their case for grant of "Time Bound Pay Scale".

2. The grievance of the petitioners are that similarly placed person have already been granted the benefit of time bound pay scale by the

respondents, but for some reasons the case of the petitioners have not been considered. It is also the contention of the petitioners that all the petitioners in this instant case are duly eligible for being considered and also fulfill all the necessary requirements under the guidelines framed by the State Government for grant of said benefit of time bound pay scale. He further submits that a direction may be issued to the respondent No.4, District Education Officer, to look into the case of the petitioners for grant of benefit of time bound pay scale as per circular of the State Government dated 22.02.2011 and which has also been extended to other similarly placed teachers vide order dated 23.11.2012.

3. Without entering into the merits of the case, subject to petitioners fulfilling all the eligibility criteria for grant of time bound pay scale, let the respondent No.4, District Education Officer, take a decision on the claim of the petitioners for grant of benefit of time bound pay scale. The petitioners would be at liberty to file another detailed representation to the respondent No.4 in addition to the representation already filed earlier, along with all supporting documents like the circular of the State Government dated 22.02.2011 and also the order of similar relief being granted to similarly placed persons.

4. Let this exercise be done within a period of 90 days from the date of representation and certified copy of this order along with all other relevant documents produced before the authority by the petitioners.

5. Accordingly, the writ petition is disposed of with the aforesaid observations.

Sd/- (P. Sam Koshy) Judge inder