Smt. Saroj Sahu v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8291 of 2019
1. Smt. Saroj Sahu, W/o Gangadhar Sahu, Aged About 51 Years, Working As Lecturer E. (L.B.) And Posted At Govt. H.S. School Nahanda, Block Dondilohara District Balod Chhattisgarh.
2. Chandra Bhushan Indoriya, S/o Ram Bharosha Indoriya, Aged About 50 Years, Working As Lecturer E.(L.B.) And Posted At Govt. H.S. School Nahanda, Block Dondilohara District Balod Chhattisgarh.
3. Dariyaw Ram Ganware, S/o Rajau Ram Ganware, Aged About 46 Years, Working As Lecturer E.(L.B.) And Posted At Govt. H.S. School Nahanda, Block Dondilohara District Balod Chhattisgarh.
4. Minakshi Agrawal, W/o Omkar Singh, Aged About 42 Years, Working As Lecturer E.(L.B.) And Posted At Govt. H.S. School Pinkapar, Block Dondilohara District Balod Chhattisgarh.
5. Heeru Ram Verma, S/o Tukaram Verma, Aged About 37 Years, Working As Lecturer E.(L.B.) And Posted At Govt. H.S. School Pinkapar, Block Dondilohara District Balod Chhattisgarh.
6. Smt. Savita Dewangan, W/o Ashvani Kumar Dewangan, Aged About 36 Years, Working As Lecturer E.(L.B.) And Posted At Govt. HIG. School Pinkapar, Block Dondilohara District Balod Chhattisgarh.
7. Kamlesh Kumar Sahu, S/o Beni Ram Sahu, Aged About 36 Years, Working As Lecturer E.(L.B.) And Posted At Govt. H.S. School Pinkapar, Block Dondilohara District Balod Chhattisgarh.
8. Sant Ram Thakur, S/o Manrakhan Lal Thakur, Aged About 46 Years, Working As Lecturer E.(L.B.) And Posted At Govt. H.S. School Ranitarai(Ki), Block Dondilohara District Balod Chhattisgarh.
9. Smt. Pratibha More, W/o Nitesh More, Aged About 38 Years, Working As Lecturer E.(L.B.) And Posted At Govt. H.S. School Ranitarai(Ki), Block Dondilohara District Balod Chhattisgarh.
10.Smt. Saroj Soni, W/o Ajay Kumar Soni, Aged About 43 Years, Working As Lecturer E.(L.B.) And Posted At Govt. H.S. School Ranitarai(Ki), Block Dondilohara District Balod Chhattisgarh.
11. Smt. Kalpana Wasnik, D/o Chhotelal Wasnik, Aged About 38 Years, Working As Lecturer E.(L.B.) And Posted At Govt. H.S. School Ranitarai(Ki), Block Dondilohara District Balod Chhattisgarh.
12.Dinesh Kumar Sahu, S/o Pilan Ram Sahu, Aged About 45 Years, Working As Lecturer E.(L.B.) And Posted At Govt. H.S. School Riwagahan(Ki), Block Dondilohara District Balod Chhattisgarh.
13.Yogesh Kumar Deshmukh, S/o Thakur Ram Deshmukh, Aged About 44 Years, Working As Lecturer E.(L.B.) And Posted At Govt. HIG. School Riwagahan(Ki), Block Dondilohara District Balod Chhattisgarh. 14.Puran Lal Churendra, S/o Paras Ram Churendra, Aged About 45 Years,
Working As Lecturer E.(L.B.) And Posted At Govt. H.S. School Bhimpuri, Block Dondilohara District Balod Chhattisgarh. 15.Dinesh Kumar Lahre, S/o Santosh Kumar Lahre, Aged About 42 Years, Working As Teacher E.(L.B.) And Posted At Govt. Middle School Bhimpuri, Block Dondilohara District Balod Chhattisgarh. 16.Smt. Renuka Soni, W/o Prakashh Kumar Soni, Aged About 48 Years, Working As Lecturer E.(L.B.) And Posted At Govt. H.S. School Nahanda , Block Dondilohara District Balod Chhattisgarh. 17.Ku. Anjulata Soni, D/o Vishnu Prasad Soni, Aged About 48 Years, Working As Assistant Teacher E.(L.B.) And Posted At Govt. Primary School Nahanda, Block Dondilohara District Balod Chhattisgarh. 18.Smt. Neeta Gour, W/o Kishun Gour, Aged About 36 Years, Working As Assistant Teacher E.(L.B.) And Posted At Govt.
Primary School Nahanda , Block Dondilohara District Balod Chhattisgarh. 19.Hans Kumar Sonkar, S/o Mohan Lal Sonkar, Aged About 39 Years, Working As Assistant Teacher Science E.(L.B.) And Posted At Govt. H.S. School Pinkapar , Block Dondilohara District Balod Chhattisgarh. 20.Mukesh Kumar Koshariya, S/o Kartik Ram Koshariya, Aged About 43 Years, Working As Assistant Teacher Science E.(L.B.) And Posted At Govt. H.S. School Pinkapar , Block Dondilohara District Balod Chhattisgarh.
Versus
1. State Of Chhattisgarh, Through Secretary, Department Of School Education Mahanadi Bhawan, Mantralaya Atal Nagar New Raipur, District Raipur Chhattisgarh.
2. District Education Officer, Balod, District Balod Chhattisgarh.
3. Block Education Officer, Dondilohara, District Balod Chhattisgarh. ---- Respondents For Petitioner :
Shri Ajay Shrivastava, Advocate For Respondents/State :
Shri Sudhir Sahu, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 16/10/2019
1. Heard.
2. 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.
3. 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.
4. 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.
5. It is made clear that this Court has not expressed any opinion 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/- Goutam Bhaduri Judge Jyoti