Radheshyam Nilkamal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.6582 OF 2018

1. Radheshyam Nilkamal S/o Shri Nandram Nilkamal, Aged About 49 Years Working As Teacher (L.B.) And Posted At Govt. Middle School Jaitpur, Block Bilaigarh, District Baloda Bazar Bhatapara Chhattisgarh.

...Petitioner(s)

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Panchayat Mahanadi Bhawan, Mantralaya New Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Secretary, Department Of School Education Mahanadi Bhawan, Mantralaya New Raipur, District Raipur Chhattisgarh.

3. District Education Officer, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh

4. Chief Executive Officer, Zila Panchayat, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ... Respondent(s) For Petitioner :

Shri UPS Sahu, Advocate.

For Respondent-State :

Shri Chandresh Shrivastava, PL.

Hon'ble Shri Justice P. Sam Koshy Order on Board 04.10.2018 1.

The limited prayer which the petitioner 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 his/her 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 petitioner is based on the fact that the nature of duties discharged by him/her as Shiksha Karmis are identical and similar to the government teachers and his/her 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 petitioner.

3.

Given the nature of dispute and also the fact that the claim of the petitioner 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 petitioner 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 petitioner 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 petitioner is concerned. The Respondents shall be at liberty to take a decision independently. Sd/- (P. Sam Koshy Judge inder