Sitaram Jaiswal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8524 of 2018

1. Sitaram Jaiswal S/o Late Shri Ramnarayan Jaiswal, Aged About 38 Years, Working As Assistant Teacher (Lb), Govt. Primary School, Sonadah, Block Bamhnidih, District Janjgir Champa (Chhattisgarh), R/o Village And Post Kaitha, Tahsil Jaijaipur, Police Station Hasoud, District Janjgir Champa, Chhattisgarh.

2. Naresh Singh Gond S/o Shri Dasharam Gond, Aged About 46 Years, Working As Assistant Teacher (Lb), Govt. Primary School, Gatwa, Block Bamhnidih, District Janjgir Champa (Chhattisgarh), R/o Birra, District Janjgir Champa, Chhattisgarh.

3. Akadashiya Khunte S/o Shri Tiharuram Khunte, Aged About 40 Years, Working As Assistant Teacher (Lb), Govt. Primary School, Sonadah, Block Bamhnidih, District Janjgir Champa (Chhattisgarh), R/o Village And Post Birra, Tahsil Champa, District Janjgir Champa, Chhattisgarh.

4. Laxman Prasad Manjhi S/o Late Shri Anjor Singh, Aged About 46 Years, Working As Assistant Teacher (Lb), Govt. Primary School, Nagaridih, Block Nawagarh, District Janjgir Champa (Chhattisgarh), R/o Village And Post Kera, Tahsil Nawagarh, District Janjgir Champa Chhattisgarh.

5. Akadashiya Ram Manjhi S/o Late Shri Tijauram Manhi, Aged About 43 Years, Working As Assistant Teacher (Lb), Govt. Primary School, Semariya, Block Bamhnidih, District Janjgir Champa (Chhattisgarh), R/o Village Borsi, Post Taldevri, Via Birra, Tahsil Champa, District Janjgir Champa, Chhattisgarh.

6. Rohit Kumar Kashyap S/o Shri Ghasiyaram Kashyap, Aged About 43 Years, Working As Assistant Teacher, Govt. Primary School, Sondah, Block Bamhnidih, District Janjgir Champa (Chhattisgarh), R/o Village Kaitha, Via Birra, Police Station Hasoud, District Janjgir Champa, Chhattisgarh.

7. Shilaram Sanwra S/o Late Shri Mukuram, Aged About 44 Years, Working As Assistant Teacher (Lb), Govt. Primary School, Sondadah, Block Bamhnidih, District Janjgir Champa (Chhattisgarh), R/o Village Dhiwra, Via Birra, Tahsil Jaijaipur, District Janjgir Champa, Chhattisgarh.

---Petitioners

Versus

1. State Of Chhattisgarh, Through The Secretary, Panchayat And Rural Department, Mahanadi Bhavan, Mantralaya, New Raipur, District Raipur Chhattisgarh.

2. Chief Executive Officer, Jila Panchayat, Janjgir, District Janjgir Champa Chhattisgarh.

3. Chief Executive Officer, Janpad Panchayat, Nawagarh, District Janjgir Champa Chhattisgarh.

4. Chief Executive Officer, Janpad Panchayat, Bamhnidih, District Janjgir Champa Chhattisgarh.

5. Block Education Officer, Nawagarh, District Janjgir Champa Chhattisgarh.

6. Block Education Officer, Bamhnidih, District Janjgir Champa Chhattisgarh.

---Respondents For petitioners :

Shri K.S.Pawar, Advocate.

For State :

Shri Arvind Dubey, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 07/01/2019 1.

Heard the learned counsel for the parties.

2.

By this Writ Petition the petitioners are claiming Kramonnati. According to the petitioners, they have already completed 10 years of service and were entitled for the benefit of kramonnati.

3.

Learned counsel for the petitioners would submit that the petitioners have also filed representations before the respondents authorities, but the same are not being considered.

4.

At this juncture, learned counsel for the State would submit that if the petitioners submits a fresh representations along with copy of the petition before the concerned competent authority, the same shall be considered and decided, in accordance with law.

5.

In view of the above, the petition is disposed off. If the petitioners files a fresh representation before the concerned competent authority along with copy of the petition within a period of one month from today, the said authority is directed to consider and decide the same in accordance with law and on its own merits, as early as possible preferably within a period of three months from the date of receipt of representations along with copy of this order.

6.

It is made clear that this Court has not expressed any opinion on the merits of the case and the respondent authorities shall decide the representations, on its own merits, strictly in accordance with law, without treating any observation made in this order, as opinion on the merits of the case.

Sd/- (P. Sam Koshy) Sumit JUDGE