High Court Of ChhattisgarhWPS/5667/2018disposed off

Kamta Nath Tiwari v. State Of Chhattisgarh

2018-08-30Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 5667 of 2018 Kamta Nath Tiwari S/o Shri B. D. Prasad Tiwari, Aged About 38 Years Posted As Lecturer At Govt. Higher Secondary School, Jhalmala District Raigarh, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh

2. The Commissioner Cum Director, Directorate Of Panchayat Naya Raipur, District Raipur, Chhattisgarh

3. The Chief Executive Officer, Zila Panchayat Raigarh, District Raigarh, Chhattisgarh

4. Block Education Officer, Block Pusour District Raigarh, Chhattisgarh ---- Respondents For Petitioner :

Shri Sanjay Agrawal, Advocate For State :

Ms. Astha Shukla, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 30.08.2018

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The Petitioner is aggrieved by the action of the Respondents, whereby the increment granted to the Petitioner is being withdrawn on the ground that he has not passed B.Ed/D. Ed examination.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

3. 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) and to take appropriate decision thereon.

5. The writ petition accordingly stands disposed of. Sd/- P. Sam Koshy Judge Bhola