This order disposed of two writ petitions filed by lecturers seeking increment. The court directed the respondents to examine the petitioners'
Direction to respondents to examine the claim for increment after affording an opportunity of hearing in terms of order dated 3.11.2017 in Jayant Kumar Patle.
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Digitally signed by GOPAL SINGH Date: 2024.11.20 19:28:12 +0530
2024:CGHC:44866
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 743 of 2018
1 - Atul Sharma S/o Shri Sanat Sharma Aged About 28 Years Presently Working As Lecturer ( Nagariya Nikay ) At Government Higher Secondary School, Pandariya Block Kawardha District Kabirdham Chhattisgarh
---- Petitioner
versus
1 - State of Chhattisgarh Through The Secretary Department of Urban Administration and Development, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh
2 - Commissioner-cum-Director, Department of Urban Administration and Development, Mantralaya, Indrawati Bhawan, Naya Raipur, District Raipur, Chhattisgarh
3 - Chief Municipal Officer, Municipal Council, Kawardha, District Kabirdham, Chhattisgarh
4 - Block Education Officer, Pandariya, District Kabirdham, Chhattisgarh 5 - Chief Municipal Officer, Nagar Panchayat, Pandariya, DistrictKabirdham, Chhattisgarh
---- Respondents
and
WPS No. 2980 of 2018
1 - Deepti Tamrakar D/o Shri Vishnu Prasad Tamrakar, Aged About 37
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Years, Presently Working As Lecturer (Nagariya Nikay) At Govt. Girls Higher Secondary School, Abhanpur, Block Abhanpur, District Raipur, Chhattisgarh
---- Petitioner
versus
1 - State of Chhattisgarh Through The Secretary, Department of Urban Administration And Development, Mantralaya, Mahanadi Bhawan, Naya Raipur, District- Raipur, Chhattisgarh
2 - Commissioner-cum-Director, Department of Urban Administration And Development, Mantralaya, Indrawati Bhawan, Naya Raipur, DistrictRaipur, Chhattisgarh
3 - Chief Municipal Officer, Municipal Council Abhanpur, District- Raipur, Chhattisgarh.
4 - Block Education Officer, Abhanpur, District- Raipur, Chhattisgarh
---- Respondents
(Cause title is taken from Case Information System)
| For Petitioners | : Shri C.J.K. Rao, Advocate |
|---|---|
| For Respective | : Shri R.C.S. Deo, Panel Lawyer and Ms. |
| Respondents | Natasha Khan, Advocate on behalf of Shri Yashwant Singh Thakur, Advocate |
Hon’ble Shri Justice Amitendra Kishore Prasad
Order on Board
18/11/2024
1. The Petitioners are aggrieved by the action of the Respondents, whereby the increment granted to the Petitioners is being withdrawn on the ground that they have not passed B.Ed./D.Ed. Examination.
2. Learned Counsel appearing for the Petitioners submits that the
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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 3.11.2017) and various directions have been issued for affording proper opportunity of hearing and then decide the matter.
3. Learned Counsel appearing for the State submits that the Petitioners’ claim would be examined after affording opportunity of hearing in terms of the order dated 3.11.2017 passed in the case of Jayant Kumar Patle (supra).
4. Considering the aforesaid submissions, both the petitions are finally disposed of with a direction to the Respondents for examination of Petitioners’ claim in terms of the order passed by this Court in the case of Jayant Kumar Patle (supra) and take appropriate decision thereon.
5. Both the writ petitions stand accordingly disposed of.
( Amitendra Kishore Prasad ) JUDGE
Gopal Singh
1 issue framed by the court
Whether the withdrawal of increment due to lack of B.Ed./D.Ed. certificate requires examination of the claim after hearing.
Colour shows how this judgement treated each authority
Jayant Kumar Patle v. State of ChhattisgarhReferred¶35
Jayant Kumar Patle v. State of Chhattisgarh (WPS No.4271 of 2017 and batch of petitions, vide order dated 3.11.2017)
Atul Sharma
Deepti Tamrakar
State of Chhattisgarh Through The Secretary Department of Urban Administration and Development
Commissioner-cum-Director, Department of Urban Administration and Development
Amitendra Kishore Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
