Darwan Boga v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 9566 of 2019
1. Darwan Boga S/o Dharm Singh Boga Aged About 36 Years Working As Lecturer (L.B.) And Posted At Govt. Boys Higher Secondary School Mohala, Block Mohala, District Rajnandgaon Chhattisgarh., District : Rajnandgaon,
2. Dukalu Ram Rawate S/o Shyam Lal Rawate Aged About 43 Years Working As Lecturer (L.B.) And Posted At Govt. Boys Higher Secondary School Mohala, Block Mohala, District Rajnandgaon Chhattisgarh., District : Rajnandgaon,
3. Ku. Seema Verma D/o Sukhdev Prasad Banchhore Aged About 47 Years Working As Lecturer (L.B.) And Posted At Govt. Boys Higher Secondary School Mohala, Block Mohala, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh
4. Navin Kumar Singh S/o Ram Sajivan Singh Aged About 40 Years Working As Lecturer (L.B.) And Posted At Govt. Boys Higher Secondary School Mohala, Block Mohala, District Rajnandgaon Chhattisgarh., District : Rajnandgaon,
5. Likhan Lal Ganware S/o Shyam Lal Ganware Aged About 40 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Dokala, Block Manpur, District Rajnandgaon Chhattisgarh., District : Rajnandgaon,
6. Lala Ram Bhuarya S/o Dindaya Bhuarya Aged About 33 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Dokala, Block Manpur, District Rajnandgaon Chhattisgarh., District : Rajnandgaon,
7. Ram Kumar Chandravanshi S/o Shri Pratap Singh Chandravansi Aged About 31 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Bhawasa, Block Manpur, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh
8. Alok Milind S/o M.B. Milind Aged About 45 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Chhachhanpahri, Block Ambagarh Chowki, District Rajnandgaon Chhattisgarh., District : Rajnandgaon,
9. Bharti Milind W/o Alok Milind Aged About 38 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Chhachhanpahri, Block Ambagarh Chowki, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, 10.Hemendra Thakur S/o Shadev Singh Thakur Aged About 34 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Chhachhanpahri, Block Ambagarh Chowki, District Rajnandgaon Chhattisgarh., District :
Rajnandgaon, Chhattisgarh
11. Anil Kumar Pisda S/o Shatru Ram Pisda Aged About 36 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Bharritola, Block Manpur, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, 12.Tijlal Pathare S/o Surit Lal Pathare Aged About 46 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Bharritola, Block Manpur , District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 13.Akhil Kumar Patel S/o Jiwrakhan Lal Patel Aged About 49 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Kumarda, Block Chhuriya, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, 14.Akhilesh Kumar Patel S/o Jiwrakhan Lal Patel Aged About 49 Years Working As Lecturer (L.B.) And Posted At Bharat Ratn Do. Bhirao Ambedkar Govt.
Higher Secondary School Salhe, Block Chhuriya, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 15.Suresh Kumar Rawte S/o Dashi Ram Rawte Aged About 35 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Salhe, Block Chhuriya , District Rajnandgaon Chhattisgarh., District : Rajnandgaon, 16.Smt. Bharti Yadav W/o Basant Kumar Yadav Aged About 40 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Kumarda , Block Chhuriya , District Rajnandgaon Chhattisgarh., District : Rajnandgaon, 17.Balwant Kumar Mandavi S/o Shri Gajaru Ram Mandavi Aged About 43 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Bhawasa , Block Manpur , District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 18.
Bhesh Ram Rawte S/o Dhursin Rawte Aged About 50 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Bharritola, Block Manpur District Rajnandgaon Chhattisgarh., District : Rajnandgaon, 19.Varoon Kumar Latiya S/o Late Shri Ram Latiya Aged About 46 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Bhawasa, Block Manpur District Rajnandgaon Chhattisgarh., District : Rajnandgaon, 20.Nalini Verma W/o Kapil Singh Verma Aged About 43 Years Working As Lecturer (L.B.) And Posted At District Institute Of Education And Training Centre (Diet) Khairagarh, Block Khairagarh District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 21.Krishna Kumar Verma S/o Babu Lal Verma Aged About 42 Years Working As Lecturer (L.B.)
And Posted At District Institute Of Education And Training Centre (Diet) Khairagarh, Block Khairagarh District Rajnandgaon Chhattisgarh.
: Rajnandgaon, Chhattisgarh 22.Smt. Renuka Kothale W/o Jivan Lal Kothale Aged About 37 Years Working As Lecturer (L.B.) And Posted At Govt. Higher Secondary School Rahud, Block Gunderdehi, District Balod Chhattisgarh., District : Balod, Chhattisgarh 23.Smt. Chandrakanti Pradhan W/o Prasanna Kumar Pradhan Aged About 37 Years Working As Lecturer (L.B.) And Posted At Govt. Middle School Itar, Block Khairagarh, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, 24.Anurag Yadav S/o Surendra Nath Yadav Aged About 44 Years Working As Lecturer (L.B.) And Posted At Govt. Highschool Singhabhedi , Block Ambagarh Chowki , District Rajnandgaon Chhattisgarh., District : Rajnandgaon, ---- Petitioners
Versus
1. State Of Chhattisgarh Through Secretary Department Of School Education Mahanadi Bhawan Mantralaya Atal Nagar New Raipur , District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2. Director Public Instruction Raipur Chhattisgarh., District : Raipur, Chhattisgarh
3. District Education Officer Rajnandgaon , District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh
4. District Education Officer Balod , District Balod Chhattisgarh., District : Balod, ---- Respondents For Petitioners :
Shri Ajay Shrivastava, Advocate For Respondents/State :
Shri Kunal Das, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board 22/11/2019
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 Karmi 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.
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 petitioners 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 petitioners are concerned. The Respondents shall be at liberty to take a decision independently. Sd/- Goutam Bhaduri Judge Ashu