-^g ^r-T Ci'S-ktl AMENDED PETITION IN THE HIGH COURT JUDICATURE OF CHHATTISGARH AT BILASPUR CS) WRIT PETITON N0. 2 J O •/- /2005 PETITIONERS: ^^(^ Z3- ^(a"";~^\~ ^"" ..w^— 4) /' 1) Abhaya ram yadu S/0- Late Shobharam Yadu Aged about 65 years R/0- CoUege ward Dhaniya Teacher colony, Raipur (C.G.) / 2) Sarharam Dewangan S/0- Late Jagun Lal Aged about 66 years R/0- Lakhe Nagar, Chuna Bhatti Mahadev Bag Raod Raipur (C.G.) 3J Purushotham Lal Verma ^-~ S/0- late Chhabiram Verma Aged about 69 years R/0- Verma Kirana Store Changora Bhatta Distt - Raipur (C.G.) Khinnu Prasad Sharma ~/ S/0- late ChhabU Nath Sharma Aged about 69 years R/0- Hanuman Nagar Lakhe Nagar ward Distt- Raipur (C.G.) 5) Chhannu Lal Sahu S/0- shri Prem Singh Aged about 66 years R/0- Gram lerla Kala, Post Gudheli, Via) Ahiwara Distt- Durg (M.P.) 6) Lakhan Lal Venna S/0- late Bhavu Lal Verma Aged about 66 years R/o- Gram Attari Post- Tenduna Tah & Distt- Raipur 7) Puna Ram Sahu ^. S/o Late Vishal Sahu Aged about 66 years R/o- Grma Tenduna Post- Tenduna Tah. & Distt- Raipur (C.G.) '/ / / /' ^' 8) Dukua Ram Maheshwar S/o Late Mangalram Maheshwar R/o- Gram Gondwara Post- Sarora, Distt- Raipur (C.G.) 9) Lakhan Lal Sahu S/o- Man Rakhan Lal Sahu Aged about 65 years R/o- Srinagar Khamtari Post- Dharam Sound Service Raipur (C.G.) 10) Smt. Krishna Pandey W/o.- Late Ramgulam Pandey R/o- Teaeher Colony College Ward Danganiya, Danganiya Raipur (C.G) 11) Smt. Sunita Nawlekar D/o- Shri Gangadhar Aged about 63 years R/o- Chhattisgdrh Bunkar Sangh Ke Samene Chirholdi ward Raipur (C.G.) 12) Shri Punaram Verma S/o- Late Shri Gokul Prasad Verma, Aged about 56 years R/o- Shukravai Bazar Budiyari House no. 2/125 Raipur (C.G.) 13) Shri Raj Narain Ojha S/o- Shri Ram Sukh Ojha Aged about 63 years R/o- Santoshi Nagar Raipur (C.G.) 14) Bahoran Lal Sahu S/o- Late Shri Lalram Sahu Aged about 67 years R/o- Behind Amin paRA Samadhi House No. 32/386 Raipur (C.G.) 15) Natwar Lal Vyas S/o- Late Shri Kishan Ji Vyas Aged about 67 years R/o- Vyas Gali Malviya Road Raipur (C.G.) 16) Smt. Shanti Thakur W/o- Late Anand Singh Thakur, Aged about 57 years, R/o- In front of Kanji House, Chunabhatti, Lakhenagar, Raipur (C.G.) 17) Shri Dow Ram Thakur S/o- Late Shri Bisaser Singh Thakur Aged about 70 years R/o- Brahaman para Raipur (C.G.) 18) Shri Yogeswar Prasad Tiwari S/o late Kampta Prasad Tiwari Aged about 77 years R/o- Sri Provision Stores Braham para Raipur (C.G. ) : •n Alakhram Katriya, S/0- Late Shri Ram Chand Katriya, Aged about 65 years R/0- Teacher Colongy, College Ward, Inganiya Raipur (C.G.) RESPONDKNTS VERSUS 1) State of Chhattisgarh Through:- Secretary School Education . Department D.K.S. Bhawan, Raipiu- (C.G.) 2) Joint Director, Directorate F>ublic Education Raipiir (C.G.) 3) Ayukt (Commissioner) Directorate of F'ubUc Education, Raipur (C.G.) WRIT PETITIONER UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WMT (S) AND OTHER ORDERS(S) OR DIRECTIONS (S) ETC. r'ii^n '^-wvr sM s i a'a^Mi eing!e Bench: Hon'bSe Shri Manindra .iVlohan ShrEvastava, J. rw.^-sui PETIT'OE Abhaya ram Yadu and ott ^A^^.^^ f^S ^^^^AA;^^^^!»_ ^- ..,~ ^,,».^^y.j OT u-nn^ziis'Qsm ^HQ oTnefs Writ Petitiori underArticle 226,'227 ofthe ConstjSutlon of jndl Shri Sanjeev Verma, counsel for the petitloners. Shri Satish Gupta, Govt. Ad'yocate for the State/respondent No.1 & 2. >tt f^-.f^Ay-- :4* ^^•^ i/S'4S ^r^H-^ ?^ ^fM f¥*^£%^S •?/^.f'' •?l?rti/^ E^-*1^ ^t? ^'L-;"' ^'E'^/S ?i^^.4'i'^1^/^^*^ lf"* 1'^-'^ .'vizn in-5 conssni OT lesrnsQ counssi TOF ins panies, T'n©pe'oxiop is nse Tinaiiv. (2) This petition has been fiied by the petitioners cSaimlng grant of revised pay sca'e Rs.1640-2900 with effect from 01-01-1886. (3) Learned counsei for the petitioners submits thut the pefitioners on the of fiiing of the petition were working as Head Master and their service ^^^s"FFiA i ?'^.-^^1 s ?^ Ep*^^? ^^c^^\if ^l'^^'/^ .^k^ -'^ &rj<^ s^*i ^^.^<; ^'. ?^s ^^\ I^^--^*t ^n..-^l*ri**^^q j^^ i—Jji^.-rds/^I ^ ^^^Li^<8»^^ •i' :S^ proiu© inciuainy IH^!!' oaie or pfonic^ion 10 ms piosz OT t'l^^ci iviasior is convenienfly indicated in chart (Annexure A-1). This shows that some of the petitioners were promoted as Head MasSer before 01-01-1986 whereas others wers promoted on the post of Head Master after 01-01-1986. /A\ \"f/ Learned counse! for the petitioners further submits that in view of the ^provisions contained in M.P./C.G. Revision of Pay Ru!es, 1990, a!! the petitioners are entit!ed to be consldered and granted revised pay scale with sffsnt fmm 61 -fi1 -1 flRR ss i SL-;. u y.u i '&' i "u' s *' i sy^j^ , (5) 0" the other hand, iearned counse! submits that after filina of the petitlon, the petitioners have besn granted revised pay scaie of Rs.1640-2SOO in visw of the clrcular 23-08-1997 (Annexure R-1). In his submission, the z- y relief claimed by the petitioners has been granted and the petition is rendered infructuous. (6) Learned counsel for the petitioners submits that though it is not disputed that the during the pendency of the instant petition, revised pay scale of Rs.1640-2900-tias-been granted to the petitioners but the same has not been granted to the petitioners with effect from 01-01-1986 as has been prescribed under the Revision of Pay Rules, 1990 and circular dated 16-12-1997 (Annexure A-8). l-1efurther submits that from a perusal ofdocuments Annexure A-9 and A- 10, it would be revealed that the Assistant Teachers were granted benefit of revised pay scale with effect fromOI-01-1986 upon completion of 12 years of service and after having been found suitable by the :departmental promotion committee. His next submission isthat when Assistant Teachers have been granted the benefit, there is no basis to withhold the benefit of grantof revised pay to Head Master wtth effect from 01-01-1986. (7) From the petition and the details of petitioners revealed from Annexure A- 1, it is found that some of the petitioners were holding the post of Head Master and some other holding the post of Assistant Teacher on 01-01-1986. From petitioner's own assertion, petitioner-Abhaya ram Yadu, Dukua Ram Maheshv/ar, Lakhan Lal Sahu, Ram Gulam Pandey (now deceased), Alakh Ram Katariya, Smt. Sunita Nawlekar, Puna Ram Verma, Natwar lal Vyas and Yogeshwar Prasad Tiwari were promoted to the post of Head Master after 01-01-1986. Thus, these petitioners were not holding the post of Head Master on 01-01-1986, as such, they could not claim grant of revised pay scaleofthe post of Head Master under the Revision of Pay Rules, 1990 with effect from 01-01-1986. However, as far as remaining petitioners, who were holding the post of Head Master on 01-01-1986, are eoncerned, they are entitled for due consideration for grant of revised payscale of Rs.1640-2900 with effect from 01 -01 -1986 subject to fulfilling the eligibility criteria of having completed 12 years of service and in the event, they are found fit by the departmental promotion committee as stipulated in Annexure A-2 referable to Rule-4 of the M.P./C.G. Revision of Pay Rules, 1990. (8) Learned State counsel submits that the cases of the petitionere |may be considered by the appropriate authorjty in the light of provisionscontajn^d in the Revision of Pay Rules, 1990 read with aforesaid government circulars issued from time to time including govemment circular dated 16-12-1997 (Annexure A- (9) Accordingiy, this petition is finally disposed of with a direction to the Secretary, DepartnTent of School Education, State of Chhattisgarh to consider the cases of the petitionersfor grant of revised pay scate of Rs.1640-2900 in accordance with the provisions contained in M.P./C.G. Revision of Pay Rules, 1990 and the circular dated 16-12-1997 (Annexure A-8). It is madeciear that those petitioners, who were not occupying the post of Head Master as on 01-01- 1986, are not entitled to revised pay scaleof Rs.1640-2900 with effect from 01-01-1986. However, their cases for grant of revised pay scale may be considered from the date they were duly promoted on the post of l-1ead Master subject to the conditions enumerated in Annexure R-2 relating to completion of 12 years of service and in the event of being found fit by the departmental promotion committee; The aforesaid exercise shall be completed by the. respondent authorities as expeditiously as possible.^^ ^n^dra'^ 3udge