High Court Of ChhattisgarhWPS/13/2019disposed off

Banshi Ram Mandavi v. The State Of Chhattisgarh

2019-01-08Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 13 of 2019 Banshi Ram Mandavi S/o Mr. Anand Ram Mandavi Aged About 40 Years By Occupation Lecturer Local Body, Govt. H.S.S. Kapsi, Block Kolibeda, District Uttar Bastar Kanker Chhattisgarh., District : Kanker, Chhattisgarh ---- Petitioner

Versus

1. The State Of Chhattisgarh Through Its Secretary, Panchayat And Rural Department, Mantralaya, Naya Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Commissioner Cum Director Panchayat, Sanchanalaya, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. Chief Executive Officer Zila Panchayat, District Uttar Baster Kanker Chhattisgarh., District : Kanker, Chhattisgarh ---- Respondents For Petitioner :

Mr. Parag Kotecha Advocate For State :

Mr. Jitendra Pali, Dy. AG Hon'ble Shri Justice P. Sam Koshy Order on Board 08/01/2019 Ignoring the default pointed out by the Registry with the consent of the parties matter heard finally at motion stage.

1. The Petitioner is aggrieved by the action of the Respondents, whereby the increment granted to the Petitioner is being withdrawn on the ground that he has not passed B.Ed/D. Ed examination.

2. Learned Counsel for the Petitioner submits that the issue with regard to withdrawal/non-grant of increment on the ground of having not passed

B.Ed/D.Ed examination was examined by this Court in the case of Jayant Kumar Patle v. State of Chhattisgarh (WPS No.4271 of 2017 and batch of petitions, vide order dated 03.11.2017) and various directions have been issued for affording proper opportunity of hearing and then decide the matter.

3. Learned Counsel for the State submits that the Petitioner's claim would be examined after affording opportunity of hearing in terms of order dated 03.11.2017 passed in the case of Jayant Kumar Patle (supra).

4. Considering the aforesaid submission, this petition is finally disposed of, with a direction to the Respondents for examination of Petitioner's claim in terms of order passed by this Court in the case of Jayant Kumar Patle (supra) and take appropriate decision thereon.

5. The writ petition stands accordingly disposed of. Sd/- (P. Sam Koshy) Rohit Judge