Smt. Vimla Bai v. State Of Chhattisgarh

-1- NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) NO. 1217 OF 2017 1.

Smt. Vimla Bai W/o Shri Madan Mohan Bhagat, Aged About 61 Years Head Master, Govt. Primary School Kharsota, Block & Tahsil Manora, District Jashpur (Chhattisgarh).

2.

Daud Tirki S/o Shri Tiophil Tirki, Aged About 56 Years Head Master, Govt. Primary School Korwatoli, Block & Tahsil Manora, District Jashpur (Chhattisgarh).

3.

Smt. Koushaliya Bhagat W/o Shri Suresh Chandra Bhagat, Aged About 56 Years Head Master, Govt. Primary School Kharsota, Block & Tahsil Manora, District Jashpur (Chhattisgarh).

Bartholish Bakhala S/o Shri Kamil Bakhala, Aged About 58 Years Head Master, Govt. Middle School Sardih Block & Tahsil Manora, District Jashpur (Chhattisgarh).

Thardius Tigga, S/o Shri Markush Tigga, Aged About 53 Years Head Master, Govt. Primary School Kalaru, Block & Tahsil Manora, District Jashpur (Chhattisgarh).

6.

Jagnarayan Ram Bairagi, S/o Shri Ram Sharan Ram Bairagi, Aged About 51 Years Upper Division Teacher, Govt. Middle School Khokhso Benjora, Block & Tahsil Manora, District Jashpur (Chhattisgarh). 7.

Bindeshwar Ram S/o Shri Charo Ram, Aged About 60 Years Upper Division Teacher, Govt. Middle School Sonkyari, Block & Tahsil Manora, District Jashpur (Chhattisgarh).

8.

Nirdosh Ekka S/o Shri Johan Ekka, Aged About 54 Years Upper Division Teacher, Govt. Middle School Tenmpu, Block & Tahsil Manora, District Jashpur (Chhattisgarh).

9.

Smt. Kumudini Sushama Lakada W/o Shri Simon Lakada, Aged About 50 Years Upper Division Teacher, Govt. Middle School Andhal, Block & Tahsil Manora, District Jashpur (Chhattisgarh).

10.

Puran Ram Sane S/o Shri Sonsai Ram, Aged About 52 Years Head Master, Govt. Primary School Kujari, Block & Tahsil Manora, District Jashpur (Chhattisgarh).

11.

Smt. Ursela Tigga W/o Shri Mukti Prasad Tigga, Aged About 51 Years Head Master, Govt. Primary School Andhala, Block & Tahsil Manora, District Jashpur (Chhattisgarh).

12.

Rajesh Bada S/o Shri Markush Bada, Aged About 55 Years Upper Division Teacher, Govt. Middle School Mutu, Block & Tahsil Manora District Jashpur (Chhattisgarh).

13.

Smt. Grace Ekka W/o Shri M. Tirki, Aged About 45 Years Head Master, Govt. Primary School Sardih, Block & Tahsil Manora, District Jashpur (Chhattisgarh).

14.

Augastus Ekka S/o Shri Mohan Ekka, Aged About 53 Years Upper Division Teacher, Govt. Middle School Sikari, Block & Tahsil Manora, District Jashpur (Chhattisgarh).

15.

Victter Lakada S/o Shri Johan Lakada, Aged About 49 Years Head Master, Govt. Primary School Rajala, Block & Tahsil Manora, District Jashpur (Chhattisgarh).

... Petitioners

Versus

1.

State Of Chhattisgarh Through Its Chief Secretary, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur (Chhattisgarh). 2.

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

-23.

The Collector Jashpur, District Jashpur (Chhattisgarh). District Education Officer, Jashpur, District Jashpur (Chhattisgarh). Assistant Commissioner, Jashpur (Tribal Development Collectorate Campus) Jashpur, District Jashpur (Chhattisgarh). 6.

Block Education Officer, Block Manora, District Jashpur (Chhattisgarh). ... Respondents For Petitioners :

Mr. R.S. Patel, Advocate.

For Respondent-State :

Mr. S.P. Kale, Deputy Advocate General.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order on Board 15/03/2017 1.

The Petitioners by way of the present writ petition seek a direction to the Respondents to consider their case for grant of 'Time Bound Pay Scale'. 2.

Grievance of the Petitioners is 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 has not been considered. It is also the contention of the Counsel for 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. Counsel for the Petitioners submits that a direction may be issued to Respondent No.4, District Education Officer, Jashpur, to look into the case of the Petitioners for grant of benefit of Time Bound Pay Scale as per the Circular of the State Government, dated 22.2.2011, 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 criterias for grant of Time Bound Pay Scale, let Respondent No.4, District Education Officer, Jashpur, 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 Respondent No.4 in addition to the representation already filed earlier, along

-3with all supporting documents like the Circular of the State Government, dated 22.2.2011, and also the order of similar relief being granted to similarly placed persons.

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. Accordingly, the present writ petition stands finally disposed of, with the aforesaid observations.

Sd/- (Manindra Mohan Shrivastava) /sharad/ JUDGE