Monika Kujur v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 8213 of 2018

1. Monika Kujur W/o Shri Michal Ekka, Aged About 36 Years Present Posting At Govt. Pre. Matric Girls Hostel Narayanpur, Post Narayanpur, Tehsil Kunkuri, District Jashpur, Chhattisgarh

2. Shivnath Ram S/o Shri Devlal Ram, Aged About 31 Years, Present Posting At Kalyan Asharam Keradih, Post Barangjor, Tehsil Kunkuri District Jashpur Chhattisgarh

3. Smt. Sarita Bai W/o Shri Pitamber Yadav, Aged About 41 Years, Present Posting At Govt. Pre. Matric Girls Hostal Narayanpur, Post Narayanpur , Tehsil Kunkuri District Jashpur Chhattisgarh

4. Smt. Kiran Khalkho W/o Late Shri Vipin Khalkho, Aged About 36 Years Present Posting At Govt. Pre. Matric Girls Hostal Narayanpur Post Narayanpur, Tehsil Kunkuri, District Jashpur Chhattisgarh

5. Nandlal Ram S/o Shri Chaita Ram, Aged About 41 Years, Present Posting At Govt. Pre. Matric Boys Hostel Narayanpur Post Narayanpur, Tehsil Kunkuri District Jashpur Chhattisgarh ---- Petitioners

Versus

1. The State Of Chhattisgarh Through Its Secretary Department Of School Education Department, Mahanadi Bhavan New Raipur Chhattisgarh

2. Director, Lok Shikshan Sanchanalya Indrawati Bhawan New Raipur Chhattisgarh

3. District Education Officer Jashpur, District Jashpur, Chhattisgarh

4. Block Education Officer, Kunkuri, District Chhattisgarh ---- Respondents For petitioner :

Shri Akhilesh Kumar, Advocate.

For State :

Shri Ratan Pusty, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board

12/12/2018 Heard.

1.

The present petition under Article 226 of the Constitution of India has been filed for a direction to the respondents to grant regular pay-scale to the petitioners under the contingency services immediately on completion of three years of service from the initial date of appointment. 2.

Learned counsel for the petitioners submits that the petitioners 2, 3 & 5 are in employment since 2007, petitioner no.1 since 2009 and petitioner no.4 since 2014 and therefore they are entitled for grant of regular pay-scale after completion of three years service. He further submits that similar reliefs have already been granted to certain persons whose services were also regularized in the State Government in the year 2008. He refers to an order dated 10.03.2015 stating that the said order is in respect of identically placed persons.

3.

At this juncture, learned State counsel submits that it would be better if the petitioners file detailed fresh representation to respondent no.3 along with all relevant documents in support of their claim including the orders of the State Government as also the orders of the High Court in other connected petitions. He further submits that in case representation is made, the respondent no.3 shall decide the same within a further period of three months from the date of receipt of the representation. 4.

The proposal of the State counsel is acceptable to the counsel for the petitioners.

5.

Accordingly, the present writ petition stands disposed of with liberty to the petitioners to file fresh representation to respondent no.3 along with all relevant documents in this regard giving benefit to similarly placed persons and on such representation being made, respondent no.3 shall

dispose off the same within a period of 90 days form the date of receipt of the representation.

6.

It is made clear that this Court has not expressed any opinion so far as the entitlement of the petitioners is concerned. The Authorities shall be free to take a decision purely in accordance with the rules governing the field.

7.

No order as to costs.

Sd/- (P. Sam Koshy) JUDGE Khatai