Bishnu Prasad Dhruw v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 7025 of 2018

1. Bishnu Prasad Dhruw S/o Birjhu Ram Dhruw, Aged About 46 Years, Working As Teacher (L.B) At Govt. Middle School Gadabhatha, Block Pallari , District Baloda Bazar- Bhatapara, Chhattisgarh

2. Smt. Laxmi Manikpuri W/o Trilochan Manikpuri, Aged About 40 Years Working As Lecturer (L.B) At Govt. Higher Secondary School Sasaha, Block Pallari, District Baloda Bazar- Bhatapara Chhattisgarh

3. Smt. Bhoomika Sahu W/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

4. Chandrabhuwan Mandle S/o Daulal Mandle, Aged About 57 Years, Working As Lecturer (L.B) At Govt. Middle School Saloni, Block Pallari District Baloda Bazar- Bhatapara Chhattisgarh

5. Sharad Kumar Baghel S/o Shital Prasad Baghel, Aged About 44 Years Wroking As Lecturer (L.B) At Govt. Middle School Amaruwa, Block Kasdol, District Baloda Bazar- Bhatapara Chhattisgarh

6. Dr. Smt. Mamta Sharma W/o Shashikant Sharma, Aged About 44 Years Working As Lecturer (L.B) At Govt. Higher Secondary School Newari, Block Simga, District Baloda Bazar- Bhatapara Chhattisgarh

7. Smt. Lalita Rusiya W/o Jitendra Rusiya, Aged About 40 Years Working As Lecturer (L.B) At Govt. Higher Secondary School Rawan Block Simga, District Baloda Bazar- Bhatapara Chhattisgarh

8. Smt. Reena Verma W/o Manoj Verma, Aged About 34 Years, Working As Assistant Teacher (L.B) At Govt. Primary School Pendri, Block Simga, District Baloda Bazar- Bhatapara Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh

2. Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh

3. Director, Directorate Of Public Instructions , Indravati Bhawan, Naya Raipur District Raipur Chhattisgarh

4. District Education Officer, Baloda Bazar- Bhatapara, District Baloda Bazar- Bhatapara Chhattisgarh ---- Respondents For Petitioners :

Shri Jeet Patel, Advocate For Respondent/State :

Ms. Sunita Jain, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 25/10/2018 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.

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 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 petitioners are concerned. The Respondents shall be at liberty to take a decision independently. Sd/- (P. Sam Koshy) JUDGE Bhola