Virendra Kumar Kurre v. State Of Chhattisgarh
-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5954 of 2019
1. Virendra Kumar Kurre S/o Shri Gopal Prasad Kurre Aged About 41 Years Presently Posted As Lecturer (L. B.) At Government Higher Secondary School Afrid Block Bamhanidih District Janjgir Champa Chhattisgarh. R/o Village Kotadabri Tahsil Champa District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh
2. Varun Kumar Shukla S/o Shri Ganesh Prasad Shukla Aged About 50 Years Presently Posted As Lecturer (L. B.) At Governemnt Higher Secondary School Afrid Block Bamhanidih District Janjgir Champa Chhattisgarh. R/o Village Choriya Tahsil Champa District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh
3. Bhuwan Lal Patel S/o Shri Dinanath Patel Aged About 45 Years Presently Posted As Lecturer (L. B.) At Government Higher Secondary School Afrid Block Bamhanidih District Janjgir Champa Chhattisgarh. R/o Village Manikchouri Tahsil Masturi District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh
4. Ramlal Banjare S/o Shri B. R. Banjare Aged About 45 Years Presently Posted As Lecturer (L. B.) At Government Higher Secondary School Afrid Block Bamhanidih District Janjgir Champa Chhattisgarh. R/o Professor Colony, Champa Tahsil Champa District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Petitioners
Versus
1. State Of Chhattisgarh Through Its Secretary Department Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2. Secretary Department Of School Education, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
3. District Education Officer Sakti District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh
4. Chief Executive Officer Zila Panchayat Janjgir Champa District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---Respondents For Petitioners :
Mr. Faisal Akhtar, Advocate For State :
Mr. Chandresh Shrivastava, Dy. A.G.
Hon'ble Shri Justice P. Sam Koshy Order on Board 07/08/2019 1.
The limited prayer which the petitioners have sought in this writ petition is for a direction to respondent no.1 to take a decision on the claim of the
-2petitioners for grant of two advance increments on their obtaining B.Ed./D.Ed. certificate both prior to appointment as well as subsequent to the appointment which is being otherwise provided to the Govt. teachers. 2.
The claim of the petitioners is based on the fact that the nature of duties discharged by them as Shiksha Karmis are identical and similar to the government teachers and their services have also now got merged with the Education Department. Therefore, the benefits which are being extended to the government teachers should also be extended to the petitioners. 3.
Given the nature of dispute and also the fact that the claim of the petitioners would require a policy decision on the part of the State Govt., this court does not intend to keep the petition pending any further, rather ends of justice would meet if the petition is disposed of with a direction to respondents 1 & 2 to take a decision in this regard as to whether the petitioners would also be entitled for similar benefits as are being granted to the regular government teachers. It is ordered accordingly. Let this exercise be concluded within a period of 4 months from the date of receipt of certified copy of this order. It shall be the responsibility of the petitioners to bring the order of this Court to the notice of respondents 1 & 2 along with any fresh representation, if they so prefer.
4.
It is made clear that this Court has not expressed anything on merits of the case so far as the entitlement of the petitioners are concerned. The Respondents shall be at liberty to take a decision independently. Sd/- (P. Sam Koshy) Judge Ved