Sanjay Kumar Verma v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7595 of 2018

1. Sanjay Kumar Verma S/o Late Ramratan Verma Aged About 33 Years Working As Assistant Teacher (L.B.) At Government Primary School Jamrao, Block Patan, District - Durg, Chhattisgarh.

2. Smt. Anju Verma W/o Sateesh Kumar Verma Aged About 36 Years Working As Teacher (L.B.) At Government Middle School Magarghata, Block Patan, District - Durg, 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 Instruction, Indravati Bhawan, Naya Raipur, District - Raipur, Chhattisgarh.

4. District Education Officer Durg District - Durg, Chhattisgarh.

5. Block Education Officer Patan District - Durg, Chhattisgarh. ---Respondents For Petitioners :

Mr. Govind Dewangan, Advocate For State :

Mr. S.P. Kale, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 22/11/2018

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

-2similar 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 petitioners 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 Ved