Ramkrishna Nishad v. State Of Chhattisgarh
-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6035 of 2019
1. Ramkrishna Nishad Shri Ramau Ram Nishad Aged About 51 Years Working As Lecturer (E.L.B.) And Posted At Government Higher Secondary School Hasda, Block Abhanpur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh
2. Smt. Jageshwari Sahu W/o Ashok Kumar Sahu Aged About 37 Years Working As Lecturer (L.B.) And Posted At Government Higher Secondary School Hasda 02, Block Abhanpur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh
3. Kaushal Prasad Jaiswal S/o Late Shri Chhabilal Jaiswal Aged About 49 Years Working As Lecturer (L.B.) And Posted At Government Higher Secondary School Hasda 02, Block Abhanpur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh
4. Bhikham Ram Sonkar S/o Ram Ji Sonakar Aged About 50 Years Working As Lecturer (L.B.) And Posted At Government Higher Secondary School Hasda 02, Block Abhanpur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh
5. Santosh Kumar Sahu S/o Bahur Ram Sahu Aged About 38 Years Working As Lecturer (L.B.) And Posted At Government Higher Secondary School Hasda 02, Block Abhanpur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh
6. Smt. Ishwari Sahu D/o Budhram Sahu Aged About 37 Years Working As Lecturer (L.B.) And Posted At Government Higher Secondary School Manikchauri, Block Abhanpur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh
7. Smt. Neetu Verma D/o Shri Leeladhar Verma Aged About 34 Years Working As Lecturer (L.B.) And Posted At Government Higher Secondary School Pipraud, Block Abhanpur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh
8. Shyam Lal Sahu S/o Shri Beniram Sahu Aged About 46 Years Working As Lecturer (L.B.) And Posted At Government Higher Secondary School Manikchauri, Block Abhanpur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh
9. Puniram Sonkar S/o Shri Firanta Ram Sonkar Aged About 43 Years Working As Lecturer (L.B.) And Posted At Government Higher Secondary School Raweli, Block Abhanpur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 10.Smt. Sarita Diwan D/o Gaindram Diwan Aged About 57 Years Working As Lecturer (L.B.) And Posted At Government Higher Secondary School Raweli, Block Abhanpur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 11.Smt. Bharti Khairkar W/o Shri Chetan Singh Aged About 44 Years Working As Lecturer (L.B.) And Posted At Government Higher Secondary School Raweili, Block Abhanpur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 12.Smt. Usha Sharma W/o Shri Rajendra Prasad Sharma Aged About 54 Years Working As Lecturer (L.B.) And Posted At Government Higher Secondary School Raweli, Block Abhanpur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh
-213. Smt. Sangeeta Kurre W/o Dinesh Kumar Sharma Aged About 43 Years Working As Lecturer (L.B.) And Posted At Government Middle School Dodra, Block Abhanpur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh
14. Narendra Kumar Verma S/o Shri Dwarika Prasad Verma Aged About 49 Years Working As Lecturer (L.B.) And Posted At Government Primary School Raweli, Block Abhanpur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh
15. Hemant Kumar Verma S/o Shri Lekhan Lal Verma Aged About 46 Years Working As Lecturer (L.B.) And Posted At Government Higher Secondary School Khotya, Block Abhanpur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh
16. Smt. Janki Jyoti Verma W/o Shri Hemant Verma Aged About 39 Years Working As Lecturer (L.B.) And Posted At Government Higher Secondary School Tekari, Block Abhanpur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Petitioners
Versus
1. State Of Chhattisgarh Through Secretary Department Of School Education Mahanadi Bhawan, Mantralaya Atal Nagar New Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2. District Education Officer Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondents For Petitioner :
Mr. Ajay Shrivastava, Advocate For State :
Mr. Anshuman Shrivastava, PL Hon'ble Shri Justice P. Sam Koshy Order on Board 14/08/2019
1. The limited prayer which the petitioners has sought in this writ petition is for a direction to respondent no.1 to take a decision on the claim of the petitioner 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 him as Shiksha Karmi is identical and similar to the government teachers and their services have also now got
-3merged 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.
4. 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.
5. It is made clear that this Court has not expressed anything on merits of the case so far as the entitlement of the petitioners is concerned. The Respondents shall be at liberty to take a decision independently. Sd/- (P. Sam Koshy) Judge Rohit