Dismissed

Mahesh Kumar Sinha and Ors. v. State of Chhattisgarh and Ors.

Chhattisgarh HC7 Jul 2014WPS/18/2011

Case brief

AI extract

What is this about?

Writ petition challenging non-recognition of continuous service and non-grant of promotion/arrears denied where petitioners accepted appointments on fixed honorarium under EGS without regular status claim backed by legal representation or arbitrariness charge.

What did the court decide?

Relief for continuous service, promotion, and arrears of salary denied.

Mahesh Kumar Sinha and Ors. Vs State of… — Pension and Retirement Benefits | Chhattisgarh HC (2014)

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IN THE HIGH COURT OF CHHAmSGARH : BILASPUR

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Writ Petidon (S) No.	f% /sew- •^(^1 J^-
Petitioners 1.'	Mahesh Kumar Sinha, S/o Shri Dular
	Singh Sinha, aged about 38 years,	'
	Shiksha Karmi Grade-III in Govt.	/
2.	Primaiy School, Chikhli No. 2, R/o Village Bhimpuri, Post Ragadabri, Block Dondilohara, District ( Durg). Aatmaram Kamaria, S/o Shri Bhujbal
	Ram Kaniaria, aged about 44 years,
3.'	Shiksha Karmi Grade-III in Govt. Primary School Amapara, Sanjari, R/o Village Amapara Sanjari, Post Sanjari, Block Dondilohara, Dista-ict Durg. Likhan Ram Sarpa, S/o Shri Man Singh
	Sarpa, aged about 39 years, Shiksha Karmi Grade-III in Govt. Primary School
	Beejabhantha, R/o Village Che. Ba.
	Navagaon, Post Tantega, Block Dondilohara, District Durg.
4.	Smt. Arti Dubey, W/o Shri Ishwar Lal Dubey, aged about 39 years, Shiksha
	Karmi Grade-III in Govt. Priniaiy School
	Ramnagar, Kherakh Bazar, R/o Village
	Ram Nagar, Kherakh Bazar, Post
	Kherakh Bazar, Block Dondilohara,
	District- Durg.
5:	Ku. Dropati Devangan, D/o Shri Moti
	Lal, aged about 39 years, Shiksha Karmi
	Grade-III in Govt. Primary School
	Bhathapara, Bhandera, R/o Village
	Bhathapara, Post Bhandera, Block
	Doridilohara, District Durg. 6-^-1pA-T\|

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Mandata Koreti, S/o Shri Danauram, aged about 38 years, Shiksha Karmi Grade-III in Govt. Primary School Mujalgondi, R/o Village Chikhli, Post Kodekasa, Blcok Dondilohara, Dista-ict Durg.

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Smt. Anjani Kumeti, D/o Shri Narsingh Kumeti, aged about 35 years, Shiksha Karini Grade-III in Govt. Primaiy SchoolMaraitola, R/o Village Maraitola, Post Kodekas, Block Dondilohara, District Durg.

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Hira Lal Sinha, S/o Shri Dev Lal Sinha, aged about 39 years, Shiksha Karmi Grade-III in Govt. Primary School Rahta, R/o Village Madiyakatta, Post Dondilohara, Block Dondilohara, District Durg. Uttam Prasad Kulharya, S/o Shri Fakirram Kulharya, aged about 34 years, Shiksha Karmi Grade-III in Govt. Primary School Shalhetola, R/o village Shalhetola, Post Sahgaon, Block Dondilohara, District Durg.

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Amra Singh Dhangun, S/o Shri Kartik Ram Dhangun, aged aobut 37 years, Shiksha Karmi Grade-III in Govt. Primary School Keri, R/oVillage Bardihi, Post Kodekasa, Block Dondilohara, District Durg. Narad Ram Bhuarya, S/o Shri Dukhu Ram Bhuarya, aged about 43 years, Shiksha Karmi Grade-III in Govt. Primary School Mudkhusra, R/o Village

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Shasta-i Nagar Kashi, Post Sanjari, Block

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Dondilohara, District Durg.

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Tekram Thakur, S/o Shri Sonuram Thakur, aged about 40 years, Shiksha Karmi Grade-III in Govt. Primary School Bharkapara Devri, R/o Village Devri, Post Devri, Block Dondilohara, District Durg.

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Suresh Kumar Yadav, S/o Shri Kisun Ram Yadav, aged about 34 years, Shiksha Karmi Grade-III in Govt. Primary School Shikari Tola, R/o village Shikari Tola, Post Kusumkasa, Block Dondi, District Durg. Smt. Satto Nareti, W/o Shri Banshi Lal Nareti, aged about 33 years, Shiksha Karmi Grade-III in Govt. Primary School Imlipara, R/o Village Imlipara, Post Mahamaya, Block Dondi, District Durg. Dindayal Thakur, S/o Shri Rasauram Thakur, aged about 40 years, Shiksha Karmi Grade-III in Govt. Priniary School Parasbihari, R/o Village Parasbihari, Post Singhola, Block Dondi, District Durg.

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Siaram Netam, S/o Shri Lakhan Lal Netam, aged about 40 years, Shiksha Karmi Grade-III in Govt. Primary School Akola, R/o Village Akola, Post Dondi, Block Dondi, District Durg.

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Jhuniuk Lal Masiyare, S/o Shri Dev Singh Masiyare, aged about 40 years, Shiksha Karmi Grade-III in Govt. Primary School Parsoda, R/o Village

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Parsoda, Post Bharritola, Block Dondi, District Durg.

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Sukhdev Bhuarya, S/o Shri Rohduram Bhuarya, aged about 42 years, Shiksha Karmi Grade-III in Govt. Primary School Bholaipara, R/o Village Kurutola, Post Bharritola, Block Dondi, District Durg. Narayan Kumar Markam, S/o shri Ganesh Ram Markam, aged about 40 years, Shiksha Karmi Grade-III in Govt. Primary School Limaudih, R/o Village Limaudih, Post Dondi, Block Dondi, District Durg. Jagesar Ram Nayak, S/o Shri Maharaji Ram, aged about 36 years, Shiksha Karmi Grade-III in Govt. Primary School Ghorda,R/o Village and Post Themabujarg, Block Dondi, District Durg.

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Shankar Lal Tekam, S/o Shri Chamraram Tekam, aged about 39 years,^{ShikshaKarmiGrade-IIIinGovt.} Priinary School Kharritola, R/o Village Kharritola, Post Chikhlakasa, Block Dondi, District Durg.

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22.'

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Versus •Respondents' 1.

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Mannu Lal Thakur, S/o Shri Kalooram Thakur, aged about 39 years, Shiksha Karmi Grade-III in Govt. Prin-iary School Chikhli, R/o Village Bardihi, Post Kodekasa, Block Dondilohara, District Durg.

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State of Chhattisgarh, through fhe Secretary, Panchayat Department,

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Mantralaya, D.K.S. Bhavan, Raipur (C.G.) 2. Secretary, Departnient of School Education, Mantralaya, D.K.S. Bhawan, Raipur (C.G.) 3.^ Chief Executive Officer, Zila Panchayat, Durg. 4. Chief Executive Officer, Janpad Panchayat Dondilohara, District - Durg. 5. Chief Executive Officer, Janpad Panchayat Dondi, District Durg. 6. District Education Officer, Durg, District -DurgfC.G.)

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WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A SUITABLE WRIT. ORDER OR DIRECTION TO DO JUSTICE IN THE MATTER.

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HIGH COURT OF CHHATTISGARH : BILASPUR

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W.P.fS^No.18of2011

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PETITIONERS

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Mahesh Kumar Sinha & others

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Versus

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RESPONDENTS

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State of Chhattisgarh & others

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Single Bench : Hon'ble Shri Justice Prashant Kumar Mishra

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Present:Shri Ashish Beck, counsel for the petitioners. Shri Shashank Thakur, GovernmentAdvocateforthe State.

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ORALORDER

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(Passed on this 7th day of July, 2014)

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Heard learned counsel forthe parties.

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Prayer in this writ petition is for issuance of direction to the

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.respondents to give advantage of continuous service of 13 years to the petitioners on the post of Shiksha Karmi Grade-111 and considering their case for promotion on the next higher post of Shiksha Karmi Grade-11 & Head Master of primary school as also for grant of arrears of salary w.e.f, 1977 till 2005-06.

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According to the petitioners, they were appointed as Shiksha Karmis on contract basis on fixed honorarium of Rs.500/- for the Education Guarantee Scheme (EGS) Center. lt.is further stated that in the year 2004, their status was upgraded as. Contract Teacher Grade-III and were paid honorarium of Rs.2000/- per month. Ih the year 2005, they were re-designated as Shiksha Karmi Grade-111. Thus, the submission is that the petitioners were exploited from 1997 by giving honorarium without giving regular .

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pay scale for which they were entitled.

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3.1n the letter of appointment under the EGS, it was clearly

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mentioned that the appointment is made for a particular session on a fixed honorarium of Rs.500/-, however, if the number of students is reduced by 10% or more, the Central Government may withdraw financial assistance. Thus, from the very beginning, the petitioners accepted appointment as per the terms mentioned in the appointment order with eyes wide open and it is not a case, where having been selected in accordance with constitutional scheme of appointment on a regular post, the petitioners have been denied any benefit, which is admissible to them under relevant service ' rules.

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.4. It is also to be noticed that in due course, the EGS centers were closed and GuruJis/contract teachers working therein were appointed by the respective Zila and Janpad Panchayats under the provisions of C.G, Panchayat Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1997 (for short the Rules, 1997). It is to be noticed further that since thereafter C.G. Panchayat Shiksha Karmis (Recruitment and Conditions of Services) Rules, 2007 (for short the Rules, 2007) were framed and presently C.G. Teacher (Panchayat) Cadre (Recruitment & Conditions of Service) Rules, 2012 (for short "the Rules, 2012") are in force.

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There is sea change in terms and conditions of the service of Shiksha' Karmis, who were absorbed from the post of contract teachers or were directly recruited under the relevant service rules, from time to time.

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The petitioners have not placed on record any such promise by the

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State Government that they shall be paid particular pay scale.from the date of their initial appointment as Guruji/contract teacher. The petitioners have not stated or argued that the State has resiled from their promise and there is any kind of arbitrariness or discrimination amongst similarly placed Shiksha Karmis in the ' matter of admissibility of pay scale.

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Thus considering from any angle, the relief prayed in this writ petition cannot be allowed in exercise of powersunderArticle 226 ofthe Constitution of India.

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Accordingly, the writ petition is dismissed.

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Mahesh Kumar Sinha and Ors. v. State of Chhattisgarh and Ors.

Case brief

What is this about?

What did the court decide?

Mahesh Kumar Sinha and Ors. v. State of Chhattisgarh and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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