Nandkishor Netam v. The State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5278 of 2019 Nandkishor Netam S/o Late Mr. Krishna Ram Netam Aged About 34 Years By Occupation Teacher (Lb) Govt. Middle School Shriguhan, Block Narharpur, District Uttar Bastar Kanker Chhattisgarh., District : Kanker, Chhattisgarh ---- Petitioner

Versus

1. The State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Naya Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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

3. Chief Executive Officer Zila Panchayat District Uttar Bastar Kanker Chhattisgarh., District : Kanker, Chhattisgarh

4. Deputy Director, Local Fund Audit, Jagdalpur, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh ---Respondents For Petitioner :

Mr. Parag Kotecha, Advocate For State :

Ms. Sunita Jain, G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 22/07/2019 1.

The petitioner is aggrieved by the action of the respondents, whereby the increment granted to the petitioner is being withdrawn on the ground that he has not passed B.Ed/D.Ed examination.

2.

Learned counsel for the petitioner submits 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 v. State of Chhattisgarh (WPS No.4271 of 2017 and batch of petitions, vide order dated 03.11.2017) and various directions have been issued for affording proper opportunity of hearing and then decide the matter.

-23.

Learned counsel for the State submits 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). 4.

Considering the aforesaid submission, this petition is finally disposed of, 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) subject to verification of the facts and take appropriate decision thereon.

5.

The writ petition stands accordingly disposed off. Sd/- (P. Sam Koshy) Judge Ved