Virendra Kumar Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8345 of 2019 • Virendra Kumar Singh S/o Shri Ramnath Aged About 38 Years Pesha, Shikshak/Lb Shaskiya Madhyamik Shala Khadgawan Nivashi- Gram Khadgawan Vikashkhand Khadgawan Thana Khadgawan Jila- Koriya Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh Chhattisgarh Shasan Dwara- 1. Sachiv, School Shiksha Vibhag, Mantralaya Naya Raipur Chhattisgarh

2. Aayukt Aadim Jati Tatha Anusuchit Jati Vikash Chhattisgarh, Indravti Bhawan Naya Raipur Chhattisgarh

3. Sanchalak Lokshikshan- Sanchanalay- Khand -03 Indravatibhawan Raipur Jila Raipur Chhattisgarh

4. Jila Shiksha Adhikari Koriya, Jila - Koriya Chhattisgarh

5. Vikash Khand Shiksha Adhikari Vikashkhand Khadgawan Jila Koriya Chhattisgarh ---- Respondents For Petitioner :

Shri Rajendra Kumar Patel, Advocate For Respondents/State :

Ms. Astha Shukla, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board 15/10/2019

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 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 as Shiksha Karmi is identical and similar to the government teachers and his 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.

4. 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 anything on merits of the case so far as the entitlement of the petitioner is concerned.

6. The Respondents shall be at liberty to take a decision independently. Sd/- Goutam Bhaduri Judge Ashu