Firat Ram Bhardwaj v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.7201 OF 2018

1. Firat Ram Bhardwaj S/o Shri Shankar Bhardwaj Aged About 43 Years Working As Lecturer E. (L.B.) And Posted At Govt. Boys Higher Secondary School Sarsiwa, Block Bilaigarh, District Baloda Bazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh

2. Rohit Kumar Manhar S/o Shri Nandlal Manhar Aged About 46 Years Working As Lecturer E. (L.B.) And Posted At Govt. Boys Sarsiwa, Block Bilaigarh, District Baloda Bazar Bhatapara Chhattisgarh.

3. Prit Ram Banjare S/o Shri Bhondu Ram Banjare Aged About 49 Years Working As Assistant Teacher (L.B.) And Posted At Govt. Boys Higher Secondary School, Sarsiwa, Block Bilaigarh, District Baloda Bazar Bhatapara Chhattisgarh.

4. Tikaram Ram Kaur S/o Shri Sukdev Kaur Aged About 42 Years Working As Teacher (L.B.) And Posted At Govt. Middle School Jorapali, 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.

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

3. Director, Directorate Of Chhattisgarh Public Instruction, Atal Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

4. Chief Executive Officer Zila Panchayat, Baloda Bazar Bhatapara, District Panchayat, Baloda Bazar Bhatapara Chhattisgarh.

5. District Education Officer Panchayat, Baloda Bazar Bhatapara District Baloda Bazar Bhatapara Chhattisgarh.

6. Chief Executive Officer Janpad Panchayat, Bilaigarh, District Baloda Bazar Bhatapara Chhattisgarh.

7. Block Education Officer, Block Bilaigarh, District Baloda Bazar Bhatapara Chhattisgarh.

... Respondent(s) For Petitioners :

Shri PM Shrivas, Advocate.

For Respondent-State :

Shri Mazid Ali, Dy. Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 30.10.2018

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.

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 inder