Preetam Singh Parihar & Ors. v. The State of Chhattisgarh & Ors.

Smt. Shaila Pandey Now Parmanand RESPONDENTS State of Chhattisgarh <& ors Vs '7( PETITIONERS Heera Lal Karsh <& others W.P. (S) No.349/2009 Vs RESPONbENTS State of Chhattisgarh <& ors PETCTIONERS Vishnu bayal Sidar <& others W.P. (S) No.497/2009 RESPONbENTS State of Chhattisgarh <& ors Vs W.P. (S) No.220/2009 PETCTIONER Smt. Ujjawala Chanda Vs RESPONbENTS State of Chhattisgarh & ors PETITIONERS Jai Prakas Singh Thakur <& ors W.P. (S) No.82/2009 RESPONDENTS Vs State Govt. of Chhattisgarh & ors A W.P. fS) No.83/2009 PETETIONER Smt. Ujjawala Das Vs RESPONbENTS State of Chhattisgarh <& ors POST FOR ORDERS ON ^ FEBRUARY. 2009 ^mmiaiw' Sd/- Dhirendra Mishra Judge Q^.02.2009 "^ HIGH COURT OF CHHATTISGARH AT BILASPUR W.P. Fs1 No.591 of 2008 Petitioners

1. Preetam Singh Parihar, S/o Shri Krishna Singh Parihar, 56 year, presently working as Teacher (UbT) at Government Girl's Middle School, Sakripara, Pendra, Distt. Bilaspur (CG) (UDT)

2. Premswaroop Lodh, S/o Shri R.L Lodh, aged about 45 year, presently working Teacher (UDT) at Government Girl's H.S. School, Kodgaar, Pendra, Oistt. Bilaspur (CG) 3. Krishna Nanad Pandy, S/o Shri S.N. Pandy, aged about 49 years, presently working as Teacher School, Badavan&and, Gorella. Distt. Bilaspur (CG) 4. Harshitlata Rai, W/o Shri P.K. Rai. aged about 52 year, presently working as Head Master at Govt. Mishri Devi Girls H.S. School, Pendra Road, Distt. Bilaspur (CG) 5. Swarnlata Aurthar/ W/o Shri Nirmal Aurthar, aged about 61 year, presently working as Head Master at Primary School, Jogi Dongri, Distt. Bilaspur (C6) Govt.

6. Kumkum Nath, W/o Shri Shailendra Nath, aged about 50 year, presently working as Head Master at Primary School, Sar Bahra, Pendra Road. Distt. Bilaspur (CG)

7. Abha Singh, W/o Surendra Singh, aged about 44 year, presently working Teacher at Govt. Mishri Devi Girls' H.S. School. Pendra Road, Distt. Bilaspur (CG) 8. Rakesh Singh Paikra, S/o Shri Krishna Singh Parihar, aged about 56 years, presently working as Teacher (UbT) at Government Girl's Middle School, Sakripara, Pendra, Distt. Bilaspur (CG)

9. Sandhya Shivarai, W/o Shri Jhonson Rai, aged about 45 years, presently working as Teacher at Primary School, Badhamuda, Pendra, Distt. Bilaspur (CG)

1. The State of Chhattisgarh, Through the Secretary, bepartment of School Education, Mantralaya, D.K.S. Bhawan, Daupara, Raipur (CG) 2. The t)istrict Education Officer. t)istt. ^iNia^ Resppndents Vs Bilaspur (CG) W.P. fs1 No.394 of 2009 Petitioner Smt. Roshni Sonwani, W/o Shri bev Lal Sonwani, aged about 40 years, working as Head School Master Kawarpara (Sarkhon) Block Nawagarh, District at Government Primary Janjgir-Champa (CG) Vs Respondents

1. State of Chhattisgarh, Secretary, Education Department, O.K.S. Bhawan, bistrict Raipur (CG) Through

2. The District Education Officer, Block Nawagarh, Oistt. Janjgir-Champa (CG)

3. Block Education Officer, Podi-Uproda, bistrict Korba (CG) W.P. Fsl No.224 of 2009 Petitioner Respondents Vs Narendra Kumar beshlahare, aged about 38 Bhagchand Deshlahare, years/ S/o Shri Assistant Teacher, Govt. Primary School Aaybandha, Post-Dautola/ P.S. Dongargarh, Via- Bandhabazar, bistrict Rajnandgaon.

1. State of Chhattisgarh, Through Secretary, bepartment of Education, Mantralaya, D.K.S. Bhawan, Raipur (CG)

2. District Education Officer, Block Rajnandgaon, District Rajnandgaon (CG) 3. Block Education Officer, Block-Churiya, bistrict Rajnandgaon (CG) Petitioners Respondents Vs W.P. Fs1 No. 228 of 2009

1. Rang Vallabh Sidar, S/o Sundar Sai Sidar, Aged about 40 years, Upper bivision Teacher, Government Secondary School, Saraipali, Block Baramkela, Distt. Raigarh (CG).

2. Ku. Abista Xess, b/o Late Habil Xess. Aged-about years, Head Master, Government Girls Primary School, Lendhra, Block-Baramkela, Distt. Raigarh. 45

3. Smt. Amrensiya Ekka. W/o Athnas Ekka. Aged-about years, Head Master, Government Primary School, Kotara, Block- Baramkela, bistt. Raigarh. 43

4. Smt. Anastasiya Tigga, W/o Lajrus, Aged- Teacher, years, Assistant Government Primary School, Kamrid, Block- Baramkela, Distt. Raigarh. 50

1. State of Chhattisgarh, Through Secretary, D.K.S. bepartment, Education School Bhawan, Raipur (CG)

2. Oistrict Education Officer. Raigarh (CG) 3. Block Education Officer. Baramkela. Distt. Raigarh (CG) W.P. FslNo.392 of 2009 Petitioners

1. Suresh Kumar Bareth, S/o Shri Shyam Lal Bareth, aged about 38 year, Assistant Teacher, Govt. Primary School, Pachori, Block ^'y""* % Y^' Bamnidih, bistt. Janjgir-Champa (CG)

2. Resham Lal Chandra, S/o Shri Gajadhar Chandra, aged about 37 year, Assistant Teacher, Govt. H.S. School, Pachori, Block Jaijaipur, bistt. Janjgir-Champa (CG)

3. Bhuwneshwar Prasad Chandra, S/o Shri Thakur Lal Chandra, aged about 39 year/ Assistant Teacher, Govt. Middle School, Thathari, Block Jaijaipur, bistt. Janjgir- Champa (CG)

4. Panchram Sahu, S/o Shri Kartik Ram Sahu, aged about 38 year, Assistant Teacher, Govt. Primary School, Lakhali, Block Bamnidih, Distt. Janjgir-Champa (CG)

5. Prit Ram Chandra, S/o Shri Shyam Lal Chandra, aged about 38 year, Assistant Teacher, Govt. Middle School Amgaon, Block Jaijaipur, Distt. Janjgir-Champa (CG)

6. Ramal Jaiswal, S/o Shri Narsingh Lal Jaiswal, aged about 38 years, Assistant Teacher, Govt. Prayogik Middle School, Janjgir, Block Nawagarh, Distt. Janjgir-Champa (CG) RESPONbENTS

1. State of Chhattisgarh, Vs. Through The Education, Secretary, Department Mantralaya. b.K.S. Bhawan, Raipur (CS)

2. The Director, Public Chhattisgarh Government Raipur, Raipur (CG) Instruction, bistt. Petitioner

3. The District Education Officer, bistt. Janjgir Champa (CG) W.P. Fs1 No. 393 of 2009 Dev Lal Sonwani, S/o Shri Paras Ram Sonwani, aged about 45 years, working as Head Master Thuthi Primary at Government (Sarkhon) Block Nawagarh, District Janjgir Champa (CG) School Respondents Vs

1. State of Chhattisgarh Secretary, Education Department, Bhawan, Raipur (CG) Through t).K.S. Petitioner

2. The District Education Officer. Distt. Janjgir Champa (CG)

3. Block Education Officer. Block Nawagarh, Distt. Janjgir Champa (CG) W.P. Fs1 No.574 of 2009 Achchhe Kumar Nagesh, S/o Late Deriha Ram Nagesh, Aged about 39 years, Upper Division Secondary Teacher, Government Higher School Nawagarh Block- Navagarh, Distt. Janjgir Champa (CG) Respondents

1. State Chhattisgarh Through Vs ^ Secretary, Department of Education, D.K.S. Bhawan. Raipur Distt: Raipur (CG)

2. The Director, Instruction, Chhattisgarh Government Raipur, Distt. Raipur (CG) Public Petitioner Respondents Vs

3. The bistrict Education Officer, bistt. Janjgir Champa (CG) W.P. Fsl No.93 of 2009 Smt. Shaila Pandey Now Parmanand, W/o Girish Parmanand, Aged about 53 years, Assistant Teacher Government Boys Middle School Naila. Distt. Janjgir Champa- (C.G.)

1. State of Chhattisgarh, Through - The Secretary Department of Education, D.K.S. Bhawan, Raipur, bistt: Raipur (C.G.)

2. The Director Instruction, Chhattisgarh Government Raipur, Distt. Raipur - (C.G.) Public

3. The District Education Officer, Oistt. Janjgir Champa - (C. G.) W.P. (S) No. 349 OF 2009. PEtTTEONERS

8. Heera Lal Karsh, S/o Shn' Ouje Ram Karsh, aged about 38 years, Assistant Teacher, Govt. Middle School, Birgahni, (Champa) Block Baloda, Distt. Janjgir Champa (C.G.) Indra Singh Chandra. S/o Shri Gokul Prasad Chandra, aged about 37 years, Assistant Teacher, Govt. Primary School, Mukta, Block Jaijaipur, Distt Janjgir Champa (C.G.) Dilmohan Chandra, S/o Shri Natturam Chandra, aged about 37 years, Assistant Teacher, Govt. Middle School, Koshigarh, Block Jaijaipur, Distt Janjgir Champa (C.G.) Lakhan Lal Karsh, S/o Shri Budhram Karsh, aged about 40* years, Assistant Teacher, Govt. Primary School, Baheradih, Block Jaijaipur, bistt Janjgir Champa (C.6.) Krishna Kumar Khare, S/o Shri Samaru Ram Khare, aged about 38 years, Assistant Teacher, Govt. Primary School, Gudrukala, Block Jaijaipur, Distt. Janjgir Champa (C.G.) Pawan Kumar Sahu, S/o Shri Aghori Ram years, Assistant Sahu, Teacher, Govt. H.S. School, Choriya, Block Bamhnidih, bistt Janjgir Champa (C.G.) Ramdayal Dadsena, S/o Shri Firtu Ram Dadsena, aged about 38 years, Assistant Teacher, Govt. Primary School/ Bhadara, Block Bamhnidih, Distt Janjgir Champa (C.6.) Timal Lal Chandra, S/o Shri Bidurlal Chandra, aged about 39 years, Assistant Teacher, Govt. Primary School, Basantpur, Block aged about 38 SiZ=33aEiSai3

9. Darang, Primary Bamgnidih, bistt. Janjgir Champa (C.G.) Sant Ram Sahu. S/o Shri Kartik Ram Sahu. aged about 36 years, Assistant Teacher, Govt. School, Block Bamhnidih, Distt. Janjgir Champa (C.G.) 10. Krishna Kumar Kashyap. S/o Shri Sikh Ram Kashyap, aged about 38 years, Assistant Teacher, Govt. Primary School, Katara, Block Baloda, bistt. Janjgir Champa (C.G.) Barsan Pratap Singh Gond, S/o Shri Upas Singh Gond, aged about 38 years, Upper Division Teacher, Govt. Middle School, Baksara, Block Baloda, bistt. Janjgir Champa (C.G.) Love Kumar Koushik, S/o Shri Ram Jag Koushik, aged about 38 years, Assistant Teacher, Govt. Middle School, Bhaistara, Block Akaltara. Distt. Janjgir Champa (C.G.)

13. Anil Kumar Dewangan, S/o Shn" Dhaniram bewangan, aged about 39 years, Assistant Teacher, Govt. Middle School, Goud, Block Nawagarh, bistt. Janjgir Champa (C.G.) RESPONbENTS Vs 1.

3. birector State of Chhattisgarh, The Secretary Department of Education, Mantralaya, b.K.S. Bhawan, Raipur (C.G.) Instruction, The Chhattisgarh Government Raipur, Distt. Raipur (C.G.) The bistrict Education Officer, Oistt. Janjgir Champa (C.G.) Public W.P. (S) No.497 OF 2009. PETrTCONER RESPONbENTS

5. Vs 1. Vishnu Dayal Sidor, S/o Shri Badku Ram Sidar, aged about 38 years U.D.T., Govt. Middle School, Aamgaon, Block • Jaijaipur, Distt. Janjgir Champa (C.G.) Bhagau Lal Ratnakar, S/o Shri Budhram Ratnakar, aged about 44 years, U.D.T., Govt. Middle School, Sarwani/ Block-Bamhnidih, Distt. Janjgir Champa (C.G.) Firsay Kosle, S/o Shri Budhram Kosle, aged about 39 years, Head Master, Govt. Primary School, Bhothidih, Block Jaijaipur, Distt. Janjgir Champa (C.G.) Dalganjan Singh Maravi, S/o Shri Natwer Singh. aged about 38 years. U.D.T.. Govt. Middle School, Thathari, Block Jaijaipur, Distt Janjgir Champa (C.G.) Firat Singh Kanwar, S/o Shri Samme Singh Kanwar. aged about 39 years, U.D.T., 6ovt. Middle School bhorabhata, Block Bilha, bistt - Bilaspur (C.G.) State of Chhattisgarh, The Secretary ^

2. Public birector bepartment of Education Mantralaya, b.K.S. Bhawan, Raipur (C.G.) The Chhattisgarh Government Raipur, Raipur (C.G.) The District Education Officer, bistt Janjgir Champa (C.G.) The District Education Officer, bistt. Bilaspur (C.G.) W.P. (S) No. 220 OF 2009 Instruction, bistt.

3. PETrTCONER RESPONDENTS Vs 1. Smt. Ujjawala Chandra. Aged about 42 year, Astt. Teacher, W/0 - Shri Nitish Kumar Chandra, Govt. Boys, Primary Sarkanda, Bilaspur. bistt. - Bilaspur (C.6.) State Govt. of Chhattisgarh, Secretary Education bepartmeht, Bhawan, Raipur, Distt. - Raipur (C.G.) Through b.K.S.

2. Oistt. Education Officer, Bilaspur, Distt.

3. Bilaspur (C.G.) Block Education Officer, Block - Bilha, Distt. Bilaspur (C.G.) W.P. f5)No. 82 OF 2009 PEtmONER RESPONDENTS Vs 1.

1. Jai Prakash Singh Thakur, Aged about 44 year, Asst. Teacher S/o Late Shri Vedram Thakur Govt. H.S. School Chipara Block- Saja. Distt. Durg (C.G.)

2. Smt. Basanti Sharma, Age about 47 years, W/o Shri Ashok Sharma Pancham Diwan Govt. Girls H.S. School Bhatapara Distt. Raipur (CG)

3. Smt. Kumari Bai Sahu, Age about 61 years, W/o Late Shri Nohar Singh Sahu,Pancham Diwan Govt Girls H.S. School Bhatapara Distt. Raipur (CG) of Chhattisgarh, Through bepartment, D.K.S. State Govt. Secretary Education Bhawan, Raipur, bistt. • Raipur (C.G.) bistt. Education Officer, Bemetara Distt. Durg (C.G.) &istt. Education Officer, Baloda Bazar Distt. Raipur (C.G.) Treasury, Account <& Pension, Raipur <& burg Oistt. Raipur <& Durg (CG) <& W.P. (S) No. 83 OF 2009 PETmONER Smt. Ujwala bas, Age about 58 years, W/o Shri A.K. bas, Pancham Diwan Govt. Girls H.S. School Bhatapara bistt. Raipur (CG) RESPON&ENTS Vs 1. State Govt. of Chhattisgarh, Through "/^^'\ 1 wss^ '^ ^F:;-:;/ Present: Mr. Akhilesh Dalpati, Adv. Mr. Ashwani Shukla, Adv. Mr. 6. Khetrapal, Adv. Mr. bhaniram Patel, Adv. Mr. A.S. Rajput, Advocate Secretary Education Department, D.K.S. Bhawan, Raipur, Distt. - Rai'pur (C.G.) bistt. Education Officer, Baloda Bazar Distt. Raipur (C.G.) Block Education Officer, Block - Bilha, Distt. Bilaspur (C.G.) Treasury, Account (CG) <& Pension, Distt. Raipur

4. •• For petitioners in W.P. (s) No.591/09. •• For petitioner in W.P. (s) No.394/09, 393/09. •• For petitioner in W.P. (s) No.224/09 •• For petitioner in W.P. (s) No.228/09 •• For petitioners in W.P. (s) No.392/09, 574/09,93/09,349/09,497/09 Mr. K.S. Pawar, Advocate Mr. Ajay Shrivastava, Adv. • For petitioner in W.P. (s) No.220/09 •• For petitioners in W.P. (s) No.82/09 <& 83/09. Mr. Y.S. Thakur, Dy. Advocate •• For the State of Chhattisgarh in all the Genera\ above petitions. iMWIiU^ bhirendra Mishra. J; ORbER (Passed on<i^..2.2009)

1. The above petitions are being disposed of by this common order, as common question is involved for adjudication in the above petitions.

2. The petitioners, who were initially appointed on the post of Assistant Teachers in the schools of School Education bepartment of the State Government, are aggrieved by the action of the respondents in not adding two advance increments in their salary even though they did their B.Ed. Examination at their own expenses before joining on the post of Assistant Teacher.

3. The petitioners have prayed for a direction to the respondents to give two advance increments to them from the date of their appointment or from the date of their passing B.Ed. examination.

4. Learned counsel for the petitioners submit that the petitioners were appointed as Assistant Teachers between 1981 to 1995, as detailed in Para-8 of the petition and they passed B.Ed. Examination before their appointment as Assistant Teacher. Learned counsel further submits that the petitioners are entitled for two advance increments, as they had obtained B.Ed. Examination certificate before their appointment as Assistant Teachers, in accordance with the provisions of Circular dated

24.12.1998 and in view of the judgments of Hon'ble Supreme Court in the matter of State of M.P. & another Vs. Badrinarayan Acharya A others reported in AIR 1996 SC 2779 and Yashwant Kumar Bhardwaj Vs. Municipal Corporation. burg and another reported in 2006 (II) MPJR 96 (CG).

5. On the other hand, Mr. Thakur, learned Deputy Advocate General appearing for the State of Chhattisgarh submitted that erstwhile State of Madhya Pradesh vide circular dated 22.10.1964 allowed advance increments only to those government servants who proceeded for training up to 22.10.1964 whether at his owri cost or at the government cost. However, who proceeded on training on or after 23.10.1964 can get two annual increments only if the training is at his cost and not at the cost of the Government. This circular of dated 23.10.1964 was superceded vide order dated 10.12.1975. The Government vide notification dated

16.6.1973 amended M.P. Non-Gazette Class-II Educational Services (Non- college Services) Recruitment and Promotion Rules, 1993 qualification of B.T.I or B.Ed. degree for appointment on the post of Assistant Teacher. The petitioners would be entitled for advance increments only in the condition that they had obtained their BTT/B.Ed. degree. at their own cost during service after obtaining permission from the department between 23.10.1964 to 1.3.1999. To clarify the above position circulars have already been issued on 6.2.2007 and recently on

30.1.2009.

6. I have heard learned counsel for the parties.

7. Facts, as detailed above, are not in dispute. This Court in the matter of Yashwant Kumar Bhardwas (supra) elaborately discussing the circulars %q) dated 24.12.1998, 1.3.1999 and relying upon the judgment of the Hon'ble Apex Court in the matter of Badrinarayan Acharya's case (supra) has held that teachers, not assistant teachers alone, would be entitled to two advance increments on obtaining B.Ed. examination certificate after

22.10.1964 , as the circular dated 22.10.1964 does not prescribe any outer limit of the period for obtaining B.Ed., M.6d. & B.T.I. certificate. It has been further held that Circular dated 1.3.1999 is applicable to only Assistant Teachers (LbT) and not to other teachers (UOT).

8. Mr. Thakur, learned Dy Adv. General for the State fairly submits that principle of law laid down in Yashwant Kumar Bhardwaj's case (supra) has attained finality and case of the petitioners in all these petitions are squarely covered by the above judgment as also circular dated 24.12.1998.

9. For the aforesaid reasons, the petitioners are entitled to the payment of two advance increments from the date of declaration of the petitioners' B.Ed. examination result. The respondents are accordingly directed to make payment of two advance increments to the petitioners from the date of their passing B.Ed. examination or from the date of appointment, as the case may be, within a period two months from today. However, this order shall be subject to all verifications made by the State regarding facts pleaded in the petition.

10. Accordingly, the petitions are allowed to the above extent. No order as to costs.

11. A copy of this order be kept in all the above writ petitions. Sd/- Dhirendra Mishra Judge Roshan/