1 - Yogendra Kumar Sahu S/o Maheshwar Prasad, Aged About 30 Years Working On v. 1 - State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development
Case Details
1 2025:CGHC:8886 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2909 of 2016 1 - Yogendra Kumar Sahu S/o Maheshwar Prasad, Aged About 30 Years Working On The Post Of Shiksha Karmi, Grade Ill, At Govt. Primary School, Bhejakot Kumbhkot, Janpad Panchayat Mainpur, District Gariyaband Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh 2 - Deputy Director, Panchayat And Social Welfare Department, Raipur District Raipur Chhattisgarh 3 - The Commissioner, Raipur, District Raipur Chhattisgarh 4 - The Collector, District Gariyaband Chhattisgarh 5 - The Chief Executive Officer, Janpad Panchayat Mainpur, District Gariyaband Chhattisgarh 6 - The Block Education Officer, Mainpur, District Gariyaband Chhattisgarh ... Respondent(s) 2
Legal Reasoning
decided by this Court in WPS No.4824/2015 and therefore it is prayed that this
Arguments
For Petitioner(s) For Respondent/State : Ms. M.Asha and Shri Devesh Kela, Panel Lawyer For Respondent No.5 : Ms. Khushbu Dua, Advocate on behalf of Shri : Shri Nikhil Wadhwani, Advocate Ghanshyam Patel, Advocate ({Hon’ble Shri Justice Sachin Singh Rajput}) Order on Board 20/02/2025 Learned counsel for the petitioner submits that identical issue has been
Decision
petition may also be disposed off in terms of that order. 2. By this writ petition filed under Article 226 of the Constitution of India, the petitioner has prayed for quashing the impugned orders dated 31.08.2015, 28.02.2015 and 03.03.2015 whereby the services of the petitioner has been terminated on the ground that he is not entitled for extra 2.5 marks for scout-guide in Government Primary/Middle School, Bhejakot (Kumbhkot), Mainpur, Gariyaband, CG. 3. Learned counsel appearing for the petitioner would submit that the petitioner was working in the Government Primary/Middle School, Bhejakot (Kumbhkot) as Shiksha Karmi, Grade III and he has eight years experience, therefore, on the basis of this experience, he was appointed on the post of Shiksha Karmi Grade III and subsequently his appointment was cancelled vide order dated 03/03/2015 (Annexure P/3), thereafter along with the petitioner, the services of other candidates have also been cancelled. 4. Learned State counsel submits that in the order dated 06/12/2008, the reason for cancellation of the candidature of the petitioner and others has been mentioned in the order. The name of the petitioner is at serial No.7 wherein it has been stated that the petitioner has not submitted any scout-guide certificate therefore, his experience cannot be considered hence he is not entitled to get any mark. 3 5. Hon’ble Division Bench of this court taking note of the facts vide its order dated 5-7-2019 passed in Writ Appeal No. 126 of 2016 (Sheikh Imamuddin vs. State of Chhattisgarh and others) has observed in paras 4, 5, 7 and 8 which read as under. “4. On the basis of above facts and circumstances of case, learned counsel for the appellant submits that as the writ Court has already taken a view and directed the competent authority ie., Chief Executive Officer, Jila Panchayat to consider Rule 9(1)(b) of the Rules 1997 & communication dated 20-2-2007 and to take final decision as to whether candidates who have acquired experience certificate from DPEP are entitled for additional marks towards experience or not, the appellant is also entitled for the same relief and therefore, he prays that this appeal may also be disposed of in the aforesaid terms. 5. Learned counsel appearing on behalf of the State submits that as the matter is to be considered by competent authority with respect to award of additional marks towards experience in accordance with Rule ((1)(b) of the Rules 1997, therefore, at this stage, he has no objection, if the prayer made on behalf of the appellant is allowed. 7. Perusal of experience certificate which is part of Annexure A-3 to writ appeal, reveals that the same has been issued under the seal & signature of Headmaster and also certified by the Block Education Officer concerned. As per this certificate, appellant has worked as ‘teacher’ in Government Primary School, Mainpur from 1-10-02 to 30-4-2005. As before the writ court cases of number of petitioners having different grounds of challenge were taken together and from perusal of the order it appears that specific ground whether marks towards experience on the basis of experience certificate issued by a government primary school could not be considered, therefore, in the light of communication/letter dated 20-7- 2007 issued by the State Government and subsequent orders passed by writ court in writ petitions including in WPS No.1778/2017, we are of the considered view that the matter requires consideration at the end of competent authority ie.., Chief Executive Officer, Janpad Panchayat Mainpur. 8. In view of above, writ appeal is allowed, orders impugned are set aside and the matter is remanded back to Chief Executive Officer, Janpad 4 Panchayat Mainpur for taking decision afresh in respect of grant of additional marks against teaching experience certificate issued a government primary school (DPEP) in the light of letter dated 20-7-2007 (part of Annexure P/17) issued by the State Government and contents of Rule 9(10(b) of the Rules 1997 and also considering the genuineness of certificates enclosed with application. This exercise shall be done within two months from the date of receipt of a copy of this order”. 6. In the light of judgment of Hon’ble Division Bench of this Court in Writ Appeal No.126 of 2016 decided on 5.7.2019, it is directed that the Chief Executive Officer shall examine the case of the petitioner in terms of the order passed by Hon’ble Division Bench of this Court and if the case of the petitioner is similarly situated to other employees who have been granted benefit, her case also should be considered for appointment as Shiksha Karmi. It is further directed that the Chief Executive Officer shall verify / examine whether after deduction of 2.5 marks for scout and guide awarded to him, he secured the position in merit / selection list or not within an outer limit of two months from the date of receipt of copy of this order. 7. In view of what has been discussed above, the writ petition is allowed. The impugned orders dated 31.08.2015, 28.02.2015 and 03.03.2015 are set aside. Sd/- (Sachin Singh Rajput) JUDGE Deepti DEEPTI HARIKUMAR Digitally signed by DEEPTI HARIKUMAR Date: 2025.05.01 14:50:37 +0530