Disposed

Dhansai Sidar v. State of Chhattisgarh

Chhattisgarh HC3 Mar 2021WPS/890/2021

Case brief

AI extract

What is this about?

High Court at Bilaspur dismissed a writ petition seeking relief against deduction under National Pension Scheme from the salaries of government teachers appointed prior to 2004, granting liberty to approach the District Education Officer.

What did the court decide?

Petitioner given liberty to file fresh representation with District Education Officer within 4 weeks to be decided within 90 days.

Dhansai Sidar Vs State of Chhattisgarh — Pension and Retirement Benefits | Chhattisgarh HC (2021)

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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Writ Petition (S) No. 890 of 2021

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1. Dhansai Sidar S/o Resham Lal Sidar Aged About 49 Years Working As Lecturer (L. B.), Government Higher Secondary School, Tamnar, BlockTamnar, District- Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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2. Kanhai Lal Rathiya S/o Jagannath Singh Aged About 48 Years Working As Lecturer (L. B.), Government Higher Secondary School, Deogarh, BlockTamnar, District- Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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3. Smt. Madhu Maitri W/o Late T. S. Maitri Aged About 50 Years Working As Teacher (L. B.), Government Girls Higher Secondary School, Tamnar, Block- Tamnar, District- Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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4. Pradeep Nayak S/o Late Dayaram Naik Aged About 42 Years Working As Teacher (L. B.), Govt. M. S. Mahloi, Block- Tamnar, District- Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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5. Suresh Kumar Sahu S/o Late Kuber Ram Sahu Aged About 48 Years Working As Teacher (L. B.), Govt. M. S. Mahloi, Block- Tamnar, DistrictRaigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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6. Smt. Jayanti Gupta W/o Narsingh Pradhan Aged About 41 Years Working As Teacher (L. B.), Govt. M. S. Urba, Block- Tamnar, District- Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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7. Smt. Gaitri Nayak W/o Gourishankar Patel Aged About 40 Years Working As Teacher (L. B.), Govt. M. S. Bajarmuda, Block- Tamnar, DistrictRaigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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8. Tikam Singh Sidar S/o Munuram Sidar Aged About 46 Years Working As Teacher (L. B.), Govt. Middle School Khuruslenga, Block- Tamnar, DistrictRaigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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9. Ramfal Rathiya S/o N. R. Rathiya Aged About 49 Years Working As Assistant Teacher (L. B.), Govt. H. S. S. Kunjemura, Block- Tamnar, District- Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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10. Dileep Kumar Bhoy S/o Piulal Bhoy Aged About 48 Years Working As Assistant Teacher (L. B.), Govt. H. S. S. Kunjemura, Block- Tamnar, District- Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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11. Dolamani S/o Malikram Aged About 53 Years Working As Teacher (L. B.), Govt. Middle School Taraimal, Block- Lailunga, District- Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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12. Smt. Sudha Nayak W/o Ramcharan Patel Aged About 41 Years Working As Lecturer (L. B.), Govt. Higher Secondary School Kansh, Block And District- Raigarh, Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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13. Smt. Snehlata Pujari W/o Rudra Pratap Pujari Aged About 53 Years Working As Teacher (L. B.), Govt. Middle School, Taraimal, Block- Tamnar, District- Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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14. Smt. Madhu Dewangan W/o Chatur Lal Dewangan Aged About 47 Years Working As Teacher (L. B.), Govt. Middle School, Mahloi, BlockTamnar, District- Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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15. Smt. Manjula Lakra W/o Jaypal Lakra Aged About 51 Years Working As Teacher (L. B.), Govt. Middle School, Kunjemura, BlockTamnar, District- Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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16. Smt. Shiv Kumari Purseth W/o Kripasindhu Aged About 47 Years Working As Teacher (L. B.), Govt. Middle School, Aouraimuda, BlockTamnar, District- Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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17. Smt. Tanuja Sahu W/o Anant Sahu Aged About 45 Years Working As Teacher (L. B.), Govt. Boys Middle School, Tamnar, Block- Tamnar, District- Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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18. Ved Lal Bhagat S/o Asha Ram Aged About 43 Years Working As Teacher (L. B.), Govt. Middle School, Daxin Regaon, Block- Tamnar, District- Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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19. Smt. Holika Rathiya W/o Kanhai Lal Rathiya Aged About 41 Years Working As Teacher (L. B.), Govt. Middle School, Mouhapali, BlockTamnar, District- Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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20. Hemlal Patel S/o Baijnath Patel Aged About 51 Years Working As Teacher (L. B.), Govt. Middle School, Lalpur, Block- Tamnar, DistrictRaigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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21. Bundram Patel S/o Shyamlal Patel Aged About 52 Years Working As Teacher (L. B.), Govt. Middle School, Khamhariya, Block- Tamnar, District- Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh 22. Krishna Chand Nayak S/o Nandram Nayak Aged About 51 Years Working As Teacher (L. B.), Govt. Middle School, Khamhariya, BlockTamnar, District- Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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23. Smt. Riddhishwari Sidar W/o Manohar Singh Aged About 47 Years Working As Teacher (L. B.), Govt. Middle School, Gare, Block- Tamnar, District- Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh 24. Gokul Prasad Parja S/o Bhoko Ram Parja Aged About 50 Years Working As Teacher (L. B.), Govt. Middle School, Deogaon, BlockTamnar, District- Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh 25. Rajkumar Sidar S/o Tej Ram Sidar Aged About 49 Years Working As Teacher (L. B.), Govt. Middle School, Saraitola, Block- Tamnar, DistrictRaigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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26. Jivan Lal Choudhary S/o Late Tularam Choudhary Aged About 51 Years Working As Teacher (L. B.), Govt. Middle School, Budiya, BlockTamnar, District- Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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27. Smt. Manjula Bohidar W/o Tej Raj Bohidar Aged About 50 Years Working As Teacher (L. B.), Govt. Middle School, Budiya, Block- Tamnar, District- Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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28. Kumud Lata Patnaik W/o Late K. B. Patnaik Aged About 52 Years Working As Teacher (L. B.), Govt. Middle School, Budiya, Block- Tamnar, District- Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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29. Pandav Prasad Gupta S/o Padam Gupta Aged About 55 Years Working As Teacher (L. B.), Govt. Middle School, Kachkoba, BlockTamnar, District- Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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30. Smt. Usha Sahu W/o Rakesh Sahu Aged About 47 Years Working As Teacher (L. B.), Govt. Boys Middle School, Tamnar, Block- Tamnar, District- Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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31. Lambodar Singh Rathiya S/o Gandaray Rathiya Aged About 47 Years Working As Teacher (L. B.), Govt. Middle School, Nundarha, BlockTamnar, District- Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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32. Bihari Lal Patel S/o Rupram Patel Aged About 49 Years Working As Teacher (L. B.), Govt. Middle School, Semijor, Block- Tamnar, DistrictRaigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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33. Santosh Kumar Sidar S/o Karam Singh Aged About 44 Years Working As Teacher (L. B.), Govt. Middle School, Ukaripali, Block- Tamnar, District- Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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34. Nityanand Nayak S/o Sant Ram Nayak Aged About 53 Years Working As Assistant Teacher (L. B.), Govt. T W D, P. S., Lalpur, BlockTamnar, District- Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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35. Kanhaiyalal Patel S/o Paras Lal Patel Aged About 48 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Sidarpara, BlockTamnar, District- Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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36. Ved Ram Chauhan S/o Sant Ram Chauhan Aged About 50 Years Working As Assistant Teacher (L. B.), Twd P. S. Nawapara, Block- Tamnar, District- Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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37. Chaitan Prasad S/o Shuklambar Aged About 50 Years Working As Teacher (L. B.), Govt. Middle School, Kaya, Block- Gharghoda, DistrictRaigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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38. Durjo Prasad S/o Mahesh Ram Aged About 51 Years Working As Teacher (L. B.), Govt. Middle School, Sarasm, Block- Tamnar, DistrictRaigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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---Petitioner(s)

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Versus

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1. State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Mantralaya,nawa Raipur Chhattisgarh, District : Raipur, Chhattisgarh

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2. The Secretary Government Of Chhattisgarh, Panchayat And Rural Development Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur Chhattisgarh, District : Raipur, Chhattisgarh

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3. The Chief Executive Officer Zila Panchayat, District- Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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4. The District Education Officer District- Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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5. The Chief Executive Officer Janpad Panchayat, Tamnar, District- Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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6. The Chief Executive Officer, Janpad Panchayat, Rairagh, District- Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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7. The Chief Executive Officer Janpad Panchayat, Laulunga, DistrictRaigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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8. The Chief Executive Officer Janpad Panchayat, Gharghoda, DistrictRaigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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---Respondents

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For Petitioners : Shri K.P. Sahu, Advocate. For Respondent State : Shri Aditya Bhardwaj, Panel Lawyer.

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Hon'ble Shri Justice P. Sam Koshy Order on Board

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03.03.2021

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1. Heard.

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2. Learned counsel for the petitioners submits that the petitioners have filed an application that they were working prior to 1998-2001 in the Panchayat

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Department and they were subsequently absorbed in Education Department. It is contended that the petitioners raised grievance that the amount was being deducted under National Pension Scheme (N.P.S.) from the salary and the N.P.S. has been implemented from 01.01.2004, whereas the petitioners have been appointed in the year 1998, 2000 and 2001 respectively; therefore, the deduction under the N.P.S. cannot be made from their salary. It is further contended that the petitioners have made an application that the deduction may not be made under the N.P.S. and they should be allowed to give privilege which was given earlier. It is further contended that the petitioners have made an application to the District Education Officer, which may be directed to be decided.

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3. At this stage, since limited prayer is made, the petitioners are given liberty to make a fresh representation redressing all the averments to the respondent No.4 within a period of 4 weeks, which shall be decided within a further period of 90 days from the date of receipt of the representation. It is observed that this Court has not made any observation on the merit of this case.

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4. with the aforesaid observation, the petition stands disposed of.

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Sd/-

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(P. Sam Koshy) Judge

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inder

Dhansai Sidar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Dhansai Sidar v. State of Chhattisgarh

Case brief

What is this about?

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