Smt. Aruna Narmada v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5685 of 2019

1. Smt. Aruna Narmada, W/o Shri Maheshwar Singh Narmada, Aged About 44 Years, Working As Lecturer And Posted At Govt. Higher Secondary School Jagidipa, Block Pamgarh, District- Janjgir-Champa, Chhattisgarh

2. Smt. Kiran Katlam, W/o Shri Vinit Kumar Katlam, Aged About 40 Years, Working As Lecturer (Panchayat) And Posted At Govt. Higher Secondary School Arkar, Block Kurud, District- Balod, Chhattisgarh

3. Jyoti Sahu, W/o Shri Vishnu Kant Sahu, Aged About 47 Years, Working As Lecturer (Panchayat) And Posted At Govt. Higher Secondary School Mokha, Block Gunderdehi, Distict- Balod, Chhattisgah ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya New Raipur, District- Raipur, Chhattisgarh

2. Director, Directorate Of Chhattisgarh Public Instruction, Indravati Bhawan, Naya Raipur, District- Raipur, Chhattisgarh

3. District Education Officer, Janjgir Champa, District- Janjgir-Champa, Chhattisgarh

4. District Education Officer, Balod, District- Balod, Chhattisgarh ---- Respondents For Petitioners :

Mr. Vinod K. Sharma, Advocate For State :

Mr. Jitendra Pali, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 05.08.2019

1. The grievance of the petitioners in the present Writ Petition is the nonacceptance of the past service rendered by the petitioners as Shiksha Karmi Gr.-III, Shiksha Karmi Gr.-II and Shiksha Karmi Gr.-I 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'

Date of Initial Second appointment Date of Subsequent Appointment Joining Date Name Appointment and joining date 07.02.2011 SK Gr.-3 15.02.2011 20.08.2011 SK Gr-1 23.08.2011 30.06.2008 SK Gr.-3 10.07.2008 29.06.2011 SK Gr.-1 05.07.2011 3.

09.07.2010 SK Gr.-2 14.07.2010 01.02.2013 SK Gr.-1 07.02.2013 Note: S.K. (Shiksha Karmi)

3. For the purpose of grant of revised pay scale, the State Govt. has taken the past service rendered as Shiksha Karmi Gr.-III, Shiksha Karmi Gr.- II and Shiksha Karmi Gr.-I 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 Shiksha Karmi Gr.-III, Shiksha Karmi Gr.-II and Shiksha Karmi Gr.-I.

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 revised 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 No. 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 Rahul