Smt. Pushpa Sahu v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6436 of 2018
1. Smt. Pushpa Sahu W/o Phool Chand Sahu Aged About 30 Years Working As Assistant Teacher (L.B.) At Govt. Primary School Dongaridih, Block Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh., District : BalodabazarBhathapara, Chhattisgarh
2. Amit Kumar Bharti S/o Ramtahal Bharti Aged About 35 Years Working As Lecturer (L.B.) At Govt. Higher Secondary School Lahod, Block Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh., District : BalodabazarBhathapara, Chhattisgarh
3. Ghanshayam Sahoo S/o Narayan Sahoo Aged About 42 Years Working As Teacher (L.B.) At Govt. Middle School Tarashiv, Block Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh
4. Girish Kumar Sahu S/o Bharat Lal Sahu Aged About 39 Years Working As Lecturer (L.B.) At Govt. Higher Secondary School Khajuri, Block Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh., District : BalodabazarBhathapara, Chhattisgarh
5. Mahendra Kumar Jangde S/o Dule Chand Jangde Aged About 45 Years Working As Lecturer (L.B.) At Govt. Higher Secondary School Damru, Block Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh
6. Ku. Manju Dahariya D/o Punau Ram Dahariya Aged About 32 Years Working As Lecturer (L.B.) At Govt. Higher Secondary School Damru, Block Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh., District : BalodabazarBhathapara, Chhattisgarh
7. Kripasindhu Baghmar S/o Bholaram Baghmar Aged About 40 Years Working As Lecturer (L.B.) At Govt. Higher Secondary School Damru, Block Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh., District : BalodabazarBhathapara, Chhattisgarh
8. Rajesh Kumar Sahu S/o Bharat Lal Sahu Aged About 41 Years Working As Lecturer (L.B.) At Govt. Higher Secondary School Damru, Block Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh., District : BalodabazarBhathapara, Chhattisgarh
9. Smt. Bhumika Sahu S/o Rajesh Kumar Sahu Aged About 34 Years Working As Lecturer (L.B.) At Govt. Higher Secondary School Raseda, Block Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh., District : BalodabazarBhathapara, Chhattisgarh 10.
Smt. Prabha Kujur W/o Aashish Kujur Aged About 43 Years Working As Lecturer (L.B.) At Govt. Higher Secondary School Pangaon, Block Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh., District : BalodabazarBhathapara, Chhattisgarh 11.
Smt. Manti Patel W/o Raj Narayan Patel Aged About 37 Years Working As Lecturer (L.B.) At Govt. Higher Secondary School Pangaon, Block Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh 12.
Smt. Aashtha Pandey W/o Pramod Pandey Aged About 37 Years Working As Lecturer (L.B.) At Govt. Higher Secondary School Pangaon,
Block Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh 13.
Deenbandhu Vaishnav S/o Sewadas Vaishnav Aged About 43 Years Working As Lecturer (L.B.) At Govt. Higher Secondary School Pangaon, Block Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Petitioners
Versus
1. State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2. Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
3. Director, Directorate Of Public Instruction, Indravati Bhawan, Naya Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
4. District Education Officer Baloda Bazar Bhatapara, District Baloda Bazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh
5. Block Education Officer Baloda Bazar, District Baldoa Bazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ----Respondents For Petitioners :
Shri Govind Dewangan, Advocate For State :
Shri Adhiraj Surana, Dy. Govt. Advocate.
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. The petitioners in this regard have made representations to the respondents which are collectively marked in the petition as Annexure P-4.
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 inder