Ku. Kalawati v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 8520 of 2018

1. Ku. Kalawati D/o Abir Ram, Aged About 30 Years, At Present Posted At Post Matric Girls Hostel Patthalgaon, P.O. Makribadha, Tehsil Duldula, District Jashpur, Chhattisgarh

2. Ku. Devmati Bai D/o Shri Jatashankar Singh, Aged About 25 Years, At Present Posted At Govt. Girls Ashram Duldula, P.O. Duldula, Tehsil Duldula, District Jashpur, Chhattisgarh

3. Sunil Dutt Kujur S/o Simon Kujur, At Present Posted At Govt. High School Gattibura, P.O. And Tehsil Duldula, District Jashpur Chhattisgarh.

4. Jaswant Khakha S/o Liwanush Khakha, At Present Posted At Govt. High School Jhargaon, P.O. And Tehsil Duldula, District Jashpur Chhattisgarh.

5. Shankarnath Ram S/o Shiwram At Present Posted At Govt. Middle School Makaribagha, P.O. And Tehsil Duldula, District Jashpur Chhattisgarh.

6. Bhupendra Ram At Present Posted At Govt. Samunnat Ashram Charaidand, P.O. Charaidand, Tehsil Duldula, District Jashpur Chhattisgarh.

7. Mohan Singh S/o Kaleshwar Singh, Aged About 32 Years, At Present Posted At Govt. Girls Hostel Duldula, P.O. Duldula, Tehsil Duldula, District Jashpur, Chhattisgarh

8. Ku. Gauri Ekka D/o Shri Sahas Ram, Aged About 25 Years, At Present Posted At Govt. Samunnt Aashram Girls Hostel Keradandh, P.O. Duldula, Tehsil Duldula, District Jashpur, Chhattisgarh

9. Amit Kumar S/o Shri Jagmohan Ram, Aged About 24 Years, At Present Posted At Govt. Pre Matric Boys Hostel Narayanpur, P.O. Duldula, Tehsil Duldula, District Jashpur, Chhattisgarh ---- Petitioners

Versus

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

2. Director, Lok Shikashan Sanchanalaya, Indrawati Bhawan, New Raipur, Chhattisgarh

3. District Education Officer, Jashpur, District Jashpur Chhattisgarh

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

Shri Akhilesh Kumar, Advocate For State :

Ms. Sunita Jain, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 04/01/2019 The claim raised by the petitioners in the instant case is for grant of regular pay scale on their completing 3 years of continuous service with the respondents.

2.

Learned counsel for the petitioners submits that the petitioners herein have been appointed on different dates ranging between 2007 to 2013 and since then they are in continuous employment. He submits that as per the circular of the State Govt. the petitioners are entitled for grant of regular pay scale on completion of 3 years continuous 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, respondent no.3 shall decide the same within a 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