Surya Nath Gond v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) NO. 5818 OF 2021 • Surya Nath Gond, S/o Late Shri Ramawadh Gond, aged about 62 years, Retired Head Master, Middle School, Phutahamuda, Block Lailunga, District Raigarh (C.G.). R/o Jutemill Labour Colony, Raigarh, District Raigarh (C.G.) ... Petitioner versus 1.

State of Chhattisgarh, through the Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Naya Raipur (C.G.) 2.

District Education Officer, District Raigarh (C.G.) 3.

Assistant Commissioner, Tribal Welfare Department, District Raigarh (C.G.) 4.

Block Education Officer, Block Lailunga, District Raigarh (C.G.) 5.

Block Education Officer, Block Ghardhoda, District Raigarh (C.G.) ... Respondents For Petitioner :

Mr. Alok Kumar Pandey, Advocate.

For Respondents :

Mr. Ashutosh Mishra, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board [26 /10/2021] 1.

Grievance of Petitioner in the present Writ Petition seems to be the inaction on the part of Respondents in not granting the benefits of two advance increments on the Petitioner having obtained the Diploma (B.T.I.) on his own expenses. 2.

Learned Counsel for Petitioner submits that the Department itself has in terms of the Circular governing the field granted the benefits of two advance increments to all similarly and identically placed persons who have obtained the Diploma (B.T.I.) on their own expenses, therefore, the Petitioner could not have been under any circumstances denied of the same benefits. 3.

Further contention of learned Counsel for Petitioner is that the Petitioner has since now been retired from services with effect from 30.6.2020 and therefore if the Petitioner is provided with the advantage of two advance increments as has been granted to similarly placed persons, his pensionary benefits would substantially get increased.

4.

Learned Panel Lawyer appearing for Respondents however submits that it is a case which needs verification as to whether the Petitioner is entitled for the two advance increments and whether the similarly placed persons have been extended the said benefits or not.

5.

Given the submissions put forth on either side, the present Writ Petition at this juncture is disposed of directing Respondents No.2 to 5 to immediately scrutinize the claim of Petitioner so far as grant of two advance increments are concerned on account of Petitioner's obtaining qualification of B.T.I. on his own expenses. If the Petitioner is found entitled for the same, the Respondents are expected to ensure that necessary benefits be extended to him forthwith. Let this entire exercise be concluded by Respondents No.2 to 5 within an outer limit of four months from the date of receipt of copy of this Order. 6.

Writ Petition accordingly stands disposed of. Sd/- (P. Sam Koshy) /sharad/ JUDGE