Disposed

Smt. Laxmi Rathore v. State Of Chhattisgarh and Ors.

Chhattisgarh HC21 Jul 2024WPS/535/2013

Case brief

AI extract

What is this about?

Government teachers sought counting of two advance increments granted for family planning operations in their pay fixation under the 5th Pay Commission recommendations. Petitions not pressed at this stage; disposed of with liberty to file fresh representations before the Secretary, Education Department, to be decided in ten weeks in accordance with law.

What did the court decide?

Liberty to file fresh representations before respondent No. 1 within one week; respondent No. 1 to decide them in accordance with law within 10 weeks.

Smt. Laxmi Rathore Vs State Of… — Pension and Retirement Benefits | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5509 of 2012

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Ambikesh Dutt Pandey S/o Babulal Pandey Aged About 56 Years H.M. Govt. M.School Jagmahant Block Nawagarh, P.S. Janjgir, Dist. Janjgir-Champa C.G., Chhattisgarh

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---- Petitioner

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Versus

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1. State Of Chhattisgarh And Ors S/o Thru Secrty. Deptt. Of Edu. Mahanadi Bhawan New Raipur C.G., Chhattisgarh

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2. Distt. Education Officer Distt. Janjgir-Champa C.G., District : Janjgir-Champa, Chhattisgarh

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3. Block Education Officer Block Nawagarh, Dist. Janjgir-Chamap C.G., District : JanjgirChampa, Chhattisgarh

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4. Joint Director Treasury, Account And Pension, Bilaspur Division, Bilaspur C.G., District : Bilaspur, Chhattisgarh

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---- Respondents

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WPS No. 534 of 2013

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Chandrahas Mishra S/o Shri Tribhuvan Mishra Aged About 55 Years Headmaster, Prisently Working At Govt. Middle School Pali Block Nawagarh, P.S. Janjgir Distt Janjgir Champa C.G. , Chhattisgarh

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---- Petitioner

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Versus

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1. State Of Chhattisgarh And Ors. S/o Th. Sec. Deptt. Of Edu. Mahanadi Bhawan New Raipur Distt. Raipur C.G. , Chhattisgarh

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2. The District Education Officer District Janjgir Champa C.G. , District : Janjgir-Champa, Chhattisgarh

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3. Block Education Officer Block Nawagarh, Distt. Janjgir Champa C.G. , District : JanjgirChampa, Chhattisgarh

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4. Joint Director Treasury Accounts Pension Bilaspur Distt. Bilaspur C.G. , District : Bilaspur, Chhattisgarh

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---- Respondents

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WPS No. 535 of 2013

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Smt. Laxmi Rathore W/o Hari Shankar Rathore Aged About 51 Years Upper Division Teacher, Presently Working At Govt. Aadarsh Middle School Janjgir Block Nawagarh, P.S. Janjgir Distt. Janjgir Champa C.G. , Chhattisgarh

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---- Petitioner

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Versus

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1. State Of Chhattisgarh And Ors. S/o Th. Sec. Deptt. Of Edu. Mahanadi Bhawan New Raipur, District Raipur C.G. , Chhattisgarh

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2. The Commissioner Surguja Division Ambikapur C.G. , District : Surguja (Ambikapur), Chhattisgarh

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3. State Of C.G. Through The Collector Surguja Place-Ambikapur , District : Surguja (Ambikapur), Chhattisgarh

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4. Sub Divisional Officer Revenue Ambikapur, Distt. Surguja C.G. , District : Surguja (Ambikapur), Chhattisgarh

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---- Respondents

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WPS No. 5507 of 2012

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Smt. Annupurna Shukla W/o W/o Sushil Shukla Aged About 54 Years U.D.T., Govt. M.Schho Bhadesar Block Nawagarh, P.S. Janjgir, Dist. Janjgir-Champa C.G., Chhattisgarh

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---- Petitioner

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Versus

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1. State Of Chhattisgarh And Ors S/o Thru Secrty. Deptt. Of Edu. Mahanadi Bhawan New Raipur C.G., Chhattisgarh

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2. Distt. Education Officer Distt. Janjgir-Champa C.G., District : Janjgir-Champa, Chhattisgarh

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3. Block Education Officer Block Nawagarh, Dist. Janjgir-Chamap C.G., District : JanjgirChampa, Chhattisgarh

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4. Joint Director Treasury, Account And Pension, Bilaspur Division, Bilaspur C.G., District : Bilaspur, Chhattisgarh

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---- Respondents

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WPS No. 5508 of 2012

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Pratap Das Mahant W/o S/o Dhumdas Mahant Aged About 56 Years U.D.T. Govt. M. School Bhadeswar Block Nawagarh, Ps. Janjgir, Dist. Janjgir-Champa C.G., Chhattisgarh

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---- Petitioner

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Versus

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1. State Of Chhattisgarh And Ors S/o Thru The Secrty. Deptt. Of Hr. Edu. Mahanadi Bhawan, New Raipur C.G., Chhattisgarh

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2. Distt. Education Officer Distt. Janjgir-Champa C.G., District : Janjgir-Champa, Chhattisgarh

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3. Block Education Officer Block Nawagarh, Dist. Janjgir-Chamap C.G., District : JanjgirChampa, Chhattisgarh

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4. Joint Director Treasury, Account And Pension, Bilaspur Division, Bilaspur C.G., District : Bilaspur, Chhattisgarh

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---- Respondents

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(Cause-title is taken from Case Information System)

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------------------------------------------------------------------------------------------------------------------- For Petitioners : Mr. Ashwani Shukla, Advocate.

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For Respondents/ State : Mr. Satish Gupta, G. A.

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------------------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rakesh Mohan Pandey

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Order on Board

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22.07.2024

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1. The above captioned Writ Petitions involve common questions of law and facts therefore; they were heard together and are being disposed of by this common order.

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2. The petitioners were working under the respondents. They were given two advance increments for undergoing family planning operation as per fixation of salary rules of Annexure P/2. However, while fixing their salary as per recommendation of 5 th Pay Commission, the two advance increments already given to petitioners, have not been taken into consideration.

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3. Learned counsel for the petitioners submits that the issue involved in these matters has been finally settled by the Madhya Pradesh Administrative Tribunal vide order dated 20.02.2001 passed in Original Application No. 1007/1999 in the matter of Jawahar Singh Vs. State of M. P. & others and by High Court of Chhattisgarh vide order dated 09.03.2010 passed in WP(S) No. 4486/2005 in the matter of A.K. Kesharwani Vs. State of Chhattisgarh & others . He further submits that he is not pressing these petitions at this stage, however he prays for liberty in favor of petitioners to file suitable representations before the respondent No. 1 for redressal of above grievances, who may be further directed to decide the same within specified period in the light of judgments in the matters of Jawahar Singh (supra) and A.K. Kesharwani (supra).

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4. On the other hand, learned counsel for the State submits that if petitioners file fresh representations before respondent No. 1 for redressal of above grievances within a period of one week from today along with copy of this order, the same shall be considered and decided by the respondent No. 1 in accordance with law, within a further period of 10 weeks from the date of receipt of the representations.

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5. In view of the above submission of learned counsel for respective parties, these petitions are disposed of reserving liberty in favor of petitioners to file fresh representations before respondent No. 1 for redressal of their grievances, within a period of one week from today along with copy of this order. On such

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representations being made, the respondent No. 1 shall decide the same within a period of 10 weeks from the date of receipt of the representations in accordance with law.

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Sd/- (Rakesh Mohan Pandey) Judge

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Ajinkya

Smt. Laxmi Rathore v. State Of Chhattisgarh and Ors.

Case brief

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Smt. Laxmi Rathore v. State Of Chhattisgarh and Ors.

Case brief

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