Disposed

Smt. Yashoda Meshram v. State of Chhattisgarh and Ors.

Chhattisgarh HC18 Oct 2013WPS/3575/2011

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh disposed of a writ petition wherein a female teacher sought two advance increments based on qualifications obtained before appointment, directing authorities to consider the claim after verifying facts.

What did the court decide?

Direction to authorities to consider and decide the claim for two advance increments after verifying facts within a period of 3 months.

Smt. Yashoda Meshram Vs State of… — Pension and Retirement Benefits | Chhattisgarh HC (2013)

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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION s No.^Q)§71§ WL0\ \

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WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA,

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PETITIONER

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/^{Smt.YashodaMeshram} (Before^marriageKu. Yashoda Ramteke), aged about 48 years, W/o Sukumar Meshram, — Asst. Occupation

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Teacher, Presently workmg as Head Master, Govt Girls Primary Schooi— Mohala, Vikas Khand^- Mohala, Distt. Rajnandgaon (CG)

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VERSUS

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(v\3 RESPONDENTS

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,1. State of Chhattisgarh, through^— Secretary, / Department of Tribai, Dau Kaiyan Singh Bhawan, Raipur (C.G.) Asst. Commissioner, Deptt of Tribai, Distt. /2. Rajnandgaon (CG) /3. Joint Director (Treasury, A/c & Pension), Raipur (CG) — Biock Education Officer, Block Mohala, (4. Distt. Rajnandgaon (CG).

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/ HIGH COURT OF CHHATTISGARH AT BILASPUR 47> WP(S) No. 3575 of 2011

PETlTlONER

Smt. Yashoda Meshram

-Versus-

RESPONDENTS: State of Chhattisgarh & others

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Present Shri A. N. Bhakta, counsel forthe petitioner. Shri Y.S. Thakur, Deputy A.G. With Shri Ajay Dwivedi, Dy.G.A., for the State, on advance copy.

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Single Bench: Hon’ble Shri Prashant Kumar Mishra, J. ORAL ORDER

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(18-10—2013)

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Learned counsel appearing for the petitioner submits that the petitioner is entitled to benefit of two advance increments on account of she having passed B.Ed/BTI/D.Ed. examination before appointment at her own cost. It is submitted that the issue involved in the present petition is no longer res integra and the same has been tinally decided by the Hon‘ble Supreme Court in the case of Asha Saxena M State of M.P. & others {2009 (III) MPJR (SC) 59. 2: It is further submitted that this Court has also taken a similar view in its order dated 6.2.2009 passed in WP(S) No.6257/2008. Learned counsel for the petitioner^{furtherdrawsattentionoftheCourttoorderdated29.4.2010} passed in W.A. No.124/2009, wherein relying upon the judgment of the Supreme Courtⁱⁿ the case of Asha Saxena (Supra) and the order passed by^this Courtⁱⁿ another^W.A. No.87/2009, directions have been issued for consideration of the case^for grant^of two advance increments as per circular dated 21.9.1974 issued by the State of M.P., after verification of the facts pleaded in the petition.

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Learned Deputy Advocate. General appearing^for the State would submit that for employees belonging to Tribal Welfare Department, separate^instructions have been issued and the case^of the petitioner^shall be^{dealtwithonthebasisof} instructions/circulars applicable^to the^Tribal Welfare^Department.

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ln view of the statement made above, this petition^isfinally disposed^ofwith a direction to the respondent^{authoritiestoconsideranddecidetheclaimofthe} petitioner^for grant^{oftwoadvanceincrementsinviewofthelawlaiddownasalso} in view of the circulars which have been issued by the State Government and which are applicable to the employees of the Tribal Welfare Department, after verification of the^facts pleadedⁱⁿ the petition^withina period^{of3monthsfromthe} date of receipt of a copy^ofthisorder. M,

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Rac

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Sd/— Prashant^KumarMishra Judge

Smt. Yashoda Meshram v. State of Chhattisgarh and Ors.

Case brief

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Smt. Yashoda Meshram v. State of Chhattisgarh and Ors.

Case brief

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