Motilal Bharti v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 9717 of 2019 • Motilal Bharti S/o Shri Budhnath Bharti Aged About 36 Years Lecturer (L.B.), Posted At Government Higher Secondary School Shekharpur, Tahsil Pathalgaon, District Jashpur, Chhattisgarh, R/o Village Ila, Block And Tahsil Pathalgaon, District Jashpur, Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary, School Education Department, Mantralaya Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh

2. The Secretary Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh

3. Director Directorate Of Public Education, Indrawati Bhawan, Naya Raipur, Chhattisgarh

4. District Education Officer Jashpur, District Jashpur, Chhattisgarh ---- Respondents For Petitioner :

Ms. Meena Shastri, Advocate For Respondents/State :

Shri Soumya Rai, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board 26/11/2019

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 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 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 he so prefers.

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