Disposed

Jay Prakash Thakur v. State of Chhattisgarh

Chhattisgarh HC7 Dec 2023WPS/6596/2023

Case brief

AI extract

What is this about?

High Court of Chhattisgarh common order in multiple writ petitions filed by teachers. Court permitted petitioners to submit representations to the committee constituted in a previous case and allowed joining previous postings for salary resolution, referring to an earlier order.

What did the court decide?

Petitioners permitted to submit representations and join previous posting; order dated 04.09.2023 quashed.

Jay Prakash Thakur Vs State of… — Pension and Retirement Benefits | Chhattisgarh HC (2023)

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

WPS No. 9066 of 2023

¶5

Mithleshnandani Chaturgosthi W/o Gidhar Prasad Chaturgosthi Aged About 49 Years Posted And Working As Teacher At Government Middle School Belgahana, Block Kota, District : Bilaspur, Chhattisgarh.

¶6

---- Petitioner

¶7

Versus

¶8

State of Chhattisgarh Through Its Secretary, Ministry of School Education, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

¶9

Under Secretary Ministry Of School Education, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

¶10

Director Directorate Of Public Education, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

¶11

Joint Director Office Of Joint Director, Education Division Raipur, District : Raipur, Chhattisgarh

¶12

District Education Officer District Bilaspur, Chhattisgarh.

¶13

Block Education Officer Block Block Kota, District : Bilaspur, Chhattisgarh

¶14

---- Respondents

¶15

WPS No. 6755 of 2023

¶16

Chandrika Prasad Patel S/o- Ramadhar Patel Aged About 37 Years Presently Posted As Teacher (L.B.) At Government Middle School Bagchaba, Block Gharghoda, District : Raigarh, Chhattisgarh

¶17

---- Petitioner

¶18

Versus

¶19

State Of Chhattisgarh Through The Secretary, School Education Department, Ministry, Mahanadi Bhawan, Po And Ps Rakhi, Nawa Raipur, District - Raipur, Chhattisgarh

¶20

Under Secretary School Education Department, Ministry, Mahanadi Bhawan, PO And PS- Rakhi, Nawa Raipur, District - Raipur, Chhattisgarh

¶21

Divisional Joint Director Education Division, Bilaspur, District : Bilaspur, Chhattisgarh

¶22

District Education Officer District- Raigarh, Chhattisgarh

¶23

---- Respondents

¶24

WPS No. 8523 of 2023

¶25

Smt. Sushama Sandey W/o Jagdish Prasad Sandey Aged About 50 Years Presently Posted As Head Master At Government Middle School Kusmul Block Dabhara, District : Sakti, Chhattisgarh

¶26

---- Petitioner

¶27

Versus

¶28

State of Chhattisgarh Through The Secretary School Education

¶29

¶30

Department Ministry, Mahanadi Bhawan, Post Office And Police Station Rakhi, Nawa Raipur, District : Raipur, Chhattisgarh

¶31

Under Secretary School Education Department Ministry, Mahanadi Bhawan, Post Office And Police Station Rakhi, Nawa Raipur, District : Raipur, Chhattisgarh

¶32

Divisional Joint Director Education Division Bilaspur, District : Bilaspur, Chhattisgarh

¶33

District Education Officer District Sakti (C.G.)

¶34

---- Respondents

¶35

WPS No. 9084 of 2023

¶36

Sher Singh Gawde S/o Mr. Rianu Ram Gawde Aged About 46 Years Post Head Master Posted At Govt. Upper Primary School Deharipara Kolar, Block Antagarh, District Uttar Bastar Kanker (C.G.)

¶37

---- Petitioner

¶38

Versus

¶39

State Of Chhattisgarh Through Its Secretary, Department Of School Education, Mahanadi Bhavan, Nava Raipur, Atal Nagar, District- Raipur (C.G.)

¶40

Under Secretary Department Of School Education, Mahanadi Bhavan, Nava Raipur, Atal Nagar, District Raipur (C.G.)

¶41

Commissioner Baster Division, Jagdalpur, District Baster (C.G.)

¶42

Director Directorate Of Public Instruction, Nava Raipur, Atal Nagar, District- Raipur (C.G.)

¶43

Joint Director Education Division - Baster, Jagdalpur, District Baster (C.G.)

¶44

---- Respondents

¶45

WPS No. 9114 of 2023

¶46

Somaru Ram Baghel S/o Late Butlu Ram Baghel Aged About 52 Years Presently Working As Head Master At Govt. Middle School Kuruspal, Block Bastar, District Bastar, C G

¶47

Santosh Kurre S/o Somaru Ram Kurre Aged About 46 Years Presently Working As Head Master At Govt. Middle School Ghotiya, Block Bastar, District Bastar, C G

¶48

---- Petitioners

¶49

Versus

¶50

State of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District Raipur C G

¶51

The Under Secretary Department of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District Raipur C G

¶52

Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar Naya Raipur, District Raipur C G

¶53

Divisional Joint Director Education Division Bastar, District Bastar C G

¶54

District Education Officer Bastar, District Bastar C G

¶55

¶56

---- Respondents

¶57

WPS No. 9093 of 2023

¶58

Khilanand Gunendra S/o Mr. Hareshingh Gunendra Aged About 42 Years Post Head Master Posted At Govt. Upper Primary School Barbaspur, Block Bhanupratappur, District Uttar Baster Kanker (C.G.)

¶59

---- Petitioner

¶60

Versus

¶61

State Of Chhattisgarh Through Its Secretary, Department Of School Education, Mahanadi Bhavan, Nava Raipur, Atal Nagar, District Raipur (C.G.)

¶62

Under Secretary Department Of School Education, Mahanadi Bhavan, Nava Raipur, Atal Nagar, District- Raipur (C.G.)

¶63

Commissioner Baster Division, Jagdalpur, District Baster

¶64

Director Directorate Of Public Instruction, Nava Raipur, Atal Nagar, District- Raipur (C.G.)

¶65

Joint Director Education Division- Baster, Jagdalpur, District Baster (C.G.)

¶66

---- Respondents

¶67

WPS No. 9338 of 2023

¶68

Shobhna Singh Bais W/o Santosh Kumar Bais Aged About 37 Years Posted And Working As Teacher At Government Middle School Bhaisda, Block Nawagarh, District : Janjgir-Champa, Chhattisgarh

¶69

Anupama Soni W/o Rajeev Kumar Soni Aged About 36 Years Posted And Working As Teacher At Government Middle School Kanya, Shivrinarayan, Block Nawagarh, District : Janjgir-Champa, Chhattisgarh

¶70

Sunita Karsh W/o Jivanrakhan Karsh Aged About 36 Years Posted And Working As Teacher At Government Middle School Nagaridih, Block Nawagarh, District : Janjgir-Champa, Chhattisgarh

¶71

---- Petitioners

¶72

Versus

¶73

State Of Chhattisgarh Through Its Secretary, Ministry Of School Education, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

¶74

Under Secretary Ministry Of School Education, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

¶75

Director Directorate Of Public Education, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

¶76

Joint Director Office Of Joint Director, Education Division Bilaspur, District : Bilaspur, Chhattisgarh

¶77

---- Respondents

¶78

WPS No. 6641 of 2023

¶79

Smt. Pushpalata Sidar W/o Sudershan Sidar, Aged About 35 Years Working As Teacher (L.B.) Govt. Middle School, Jurda, Block Raigarh,

¶80

¶81

District Raigarh (Chhattisgarh)

¶82

---- Petitioner

¶83

Versus

¶84

State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Mantralaya, Atal Nagar, Naya Raipur, Post Office And Police Station Naya Raipur, District Raipur (Chhattisgarh)

¶85

Under Secretary, Department Of School Education, Mahanadi Mantralaya, Atal Nagar, Naya Raipur, Post Office And Police Station Naya Raipur, District Raipur (Chhattisgarh)

¶86

Director, Directorate Of Public Instructions, Indrawati Bhawan, Atal Nagar, Naya Raipur, Post Office And Police Station Naya Raipur, District Raipur (Chhattisgarh)

¶87

Divisional Joint Director, Public Instructions Division, Bilaspur, District Bilaspur (Chhattisgarh)

¶88

District Education Officer, District Raigarh (Chhattisgarh)

¶89

Block Education Officer, Block Raigarh, District Raigarh (Chhattisgarh)

¶90

---- Respondents

¶91

WPS No. 9159 of 2023

¶92

Rajendra Kumar Sahu S/o. Late Shri Radhelal Sahu, Aged About 46 Years R/o. Main Road Barela, Tahsil Mungeli, District - Mungeli, Chhattisgarh.

¶93

---- Petitioner

¶94

Versus

¶95

State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District - Raipur, Chhattisgarh.

¶96

The Director, Public Instructions School Education Department, Indrawati Bhawan, Nawa Raipur, Atal Nagar, District - Raipur, Chhattisgarh.

¶97

The Divisional Joint Director, School Education Department, Bilaspur Division, Bilaspur, District - Bilaspur, Chhattisgarh.

¶98

The District Education Offier, Mungeli, District - Mungeli, Chhattisgarh.

¶99

---- Respondents

¶100

WPS No. 9249 of 2023

¶101

Devprasad Thakur S/o Mr. Phoolsingh Thakur Aged About 38 Years Post Teacher Local Body Posted At Govt. Upper Primary School, Jethegaon, Block Antagarh, Distt. Uttar Baster Kanker (C.G.)

¶102

---- Petitioner

¶103

Versus

¶104

State of Chhattisgarh Through Its Secretary, Department of School Education, Mahanadi Bhavan, Nava Raipur, Atal Nagar, District Raipur (C.G.)

¶105

Under Secretary Department Of School Education, Mahanadi Bhavan, Nava Raipur, Atal Nagar, District Raipur (C.G.)

¶106

Commissioner Baster Division, Jagdalpur, Distt. Baster (C.G.)

¶107

¶108

Director Directorate Of Public Instruction, Nava Raipur, Atal Nagar, District Raipur (C.G.)

¶109

Joint Director Education Division Baster Division, Distt. Baster (C.G.)

¶110

---- Respondents

¶111

WPS No. 9124 of 2023

¶112

Smt. Geetika Baghmar W/o Pramod Kumar Baghmar Aged About 40 Years Presently Working As Teacher At Govt. Middle School, Boriyakhurd, Block- Dharsiwa, District- Raipur, C.G R/o H.No. 111/28, Hare Krishna Villa, Near Active Kids Academy School, Mathpura, Rawatpura, Colony, Raipur, District : Raipur, Chhattisgarh

¶113

---- Petitioner

¶114

Versus

¶115

State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh

¶116

The Under Secretary Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh

¶117

Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, Naya Raipur,, District : Raipur, Chhattisgarh

¶118

Divisional Joint Director Education Division, Raipur, District : Raipur, Chhattisgarh

¶119

District Education Officer Raipur, District : Raipur, Chhattisgarh

¶120

---- Respondents

¶121

WPS No. 6569 of 2023

¶122

Prakash S/o Late Mukund Ram Aged About 54 Years R/o Village Mangari, Post Poksari, Tehsil Batoli, District Surguja (C.G.)

¶123

---- Petitioner

¶124

Versus

¶125

State Of Chhattisgarh Through Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar, Nawa Raipur, District Raipur (C.G.)

¶126

Director Public Instruction, Directorate, Atal Nagar, Nawa Raipur, District Raipur (C.G.)

¶127

Divisional Commissioner Surguja, District Surguja (C.G.)

¶128

Joint Director Surguja, District Surguja (C.G.)

¶129

Collector Ambikapur, Surguja, District Surguja (C.G.)

¶130

District Education Officer Ambikapur, Surguja, District Surguja (C.G.)

¶131

---- Respondents

¶132

WPS No. 6596 of 2023

¶133

Jay Prakash Thakur S/o Shri Ramdayal Thakur, Aged About 50 Years R/o Village Ranai, Tehsil Patna, District Korea, Chhattisgarh.

¶134

Smt. Samundari Rajwade, W/o Shri Ambika Prasad Rajwade, Aged About 46 Years R/o Village Girjapur, Tehsil Patna, District Korea,

¶135

¶136

Chhattisgarh.

¶137

Smt. Roshni Ps Trikey, W/o Shri Subodh Tirkey, Aged About 41 Years R/o Village Majholi, Tehsil Patna, District Korea, Chhattisgarh.

¶138

Rajesh Kumar Yadav S/o Shri Mohar Sai, Aged About 50 Years R/o Village Patna, Tehsil Patna, District Korea, Chhattisgarh.

¶139

Smt. Phoolmati Sahu, S/o Shri Jaynarayan Prasad Sahu, Aged About 56 Years R/o Village Pondi, Tehsil Patna, District Korea, Chhattisgarh.

¶140

Jaiprakash Jaiswal S/o Shri Laxmi Prasad Jaiswal, Aged About 40 Years R/o Village Pondi, , Tehsil Patna, District Korea, Chhattisgarh.

¶141

Smt. Ranjna Singh, S/o Shri Raghupal Singh, Aged About 50 Years R/o Village Badesalehi, Tehsil Patna, District Korea, Chhattisgarh.

¶142

---- Petitioners

¶143

Versus

¶144

State Of Chhattisgarh Through The Secretay, School Education Department, Govt. Of Chhattisgasrh, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh.

¶145

The Under Secretary, School Education Department, Gvot. Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, New Raipur Chhattisgarh.

¶146

The Director, Directorate Of Public Instructions, Atal Nagar, Raipur Chhattisgarh.

¶147

The Divisional Joint Director, Department Of School Education, Surguja Division, Ambikapur, Chhattisgarh.

¶148

The District Education Officer, District Kora, Chhattisgarh.

¶149

---- Respondents

¶150

-- --------------------------------------------------------------------------------------------------

¶151

For Petitioner : Mr. Parag Kotecha, Mr. Pramod Ramteke, Mr. Govind Prasad Dewangan, Mr. Vedant Shahdangi, Mr. KP Sahu, Mr. Roshan Dubey, Mr. Rishabh Gupta & Mr. Sangeet Kumar Kushwaha, Advocate. For State : Mr. Sandeep Dubey, Dy. AG with Ms. K. Vishnupriya, Dy. GA.

¶152

¶153

SB: Hon'ble Shri Justice Arvind Singh Chandel

¶154

Order on Board

¶155

07.12.2023.

¶156

Since a common issue is involved in the present bunch of writ petitions, they are heard together and disposed of by this common order.

¶157

If any default has been pointed out by the Registry in any of the writ petition, same is overruled.

¶158

¶159

Learned counsel for the petitioners in all the writ petitions submits that the matter has been squarely covered with order dated 03.11.2023 passed by this Court in WPS No. 6253/2023 (Anju Kumari Berman vs State of Chhattisgarh) and other connected petitions. Pursuant to order dated 03.11.2023, the Committee has already been constituted and therefore all the petitioners herein may also be permitted to submit the representations before the said Committee and in-turn the Committee be directed to consider and decide the same, at the earliest within specified time. They further submit that since in WPS No.6253/2023, order dated 04.09.2023 has been set aside by this Court with regard to the petitioners therein. Hence, it is prayed that similar relief may also be granted to the petitioners herein.

¶160

Learned State Counsel also admitted that the matter has been duly covered with order dated 03.11.2023.

¶161

Heard learned counsel for the respective parties and perused order dated 03.11.2023.

¶162

Considering facts of the case, grounds raised in writ petitions, nature of relief sought for by the petitioners, submissions of learned counsel for the respective parties that matter has been duly covered by order dated 03.11.2023, it would be appropriate to grant the same relief to the petitioners herein also as granted in order dated 03.11.2023.

¶163

Accordingly, all the writ petitions stand disposed of dispose of in terms of order dated 03.11.2023 passed in WPS No.No.6253/2023. Order dated 04.09.2023 so far as it relates to the present petitioners is hereby quashed. Petitioners herein are permitted to submit detailed representation before the Committee constituted pursuant to order dated

¶164

¶165

03.11.2023, within ‘two weeks’ from today, raising all grounds as raised in these writ petitions along with copy of these petitions. On submission of such representations, concerned Committee shall consider and decide the same as per observation made by this Court in order dated 03.11.2023, within ‘45 days’ from the date of receipt of copy of such representations.

¶166

However, it is further directed that the petitioners herein also be allowed to join at their previous place of posting so that their issue of salary could be resolved as discussed by this Court in Para -11 of the order dated 03.11.2023.

¶167

CC as per rules.

¶168

Sd/(Arvind Singh Chandel) Judge

¶169

vasant/-

Jay Prakash Thakur v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Jay Prakash Thakur v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Ashok Kumar Kosma Vs the State of Chhattisgarh

Vijay Laxmi Mishra Vs Shri Sanjeev Ranjan

Smt. Taramani Markam Vs State of Chhattisgarh

Indrapal Vs State of Chhattisgarh

Nandlal Naik Vs State of Chhattisgarh

Chitrasen Rathiya Vs State of Chhattisgarh