Aditya Prakash Namdeo v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.6425 OF 2018

1. Aditya Prakash Namdeo S/o Shri S.B. Namdeo Aged About 31 Years Working As Assistant Teacher (Nagriya Nikay) And Posted At Govt. Primary School Nayapara, Block Dondi, District Balod Chhattisgarh.

2. Ku. Dimple Sahare D/o Shri Ashok Kumar Sahare Aged About 27 Years Working As Assistant Teacher (Nagriya Nikay) And Posted At Govt. U. Bu. Primary School Dondi, Block Dondi, District Balod Chhattisgarh.

...Petitioner(s)

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Urban Administration And Development Mahanadi Bhawan, Mantralaya New Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

2. Chief Municipal Officer, Nagar Panchayat Dondi, District Balod Chhattisgarh., District : Balod, Chhattisgarh ... Respondent(s) For Petitioners :

Shri Ajay Shrivastava, Advocate.

For Respondent-State :

Ms. Sunita Jain, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 28.09.2018 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 petitioners 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 the petitioners to make detailed representation within a period of two weeks from today so far as their claim is concerned supported with all relevant documents and in turn, the respondent No.1 shall 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 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 inder