High CourtsSingle Bench(2018) 08 CHH CK 0077

Chandramani Paikra And Ors vs State Of Chhattisgarh Amd Ors

Chhattisgarh High Court · Decided on 3 August 2018

HON’BLE JUDGES
Sharad Kumar Gupta, J
CASE NUMBER
Writ Petition (S) No. 1694 Of 2009

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Judgment

19 paragraphs · 326 words

Sharad Kumar Gupta, J

1.

Petitioners have preferred this writ petition seeking the relief to direct the respondents to count their service from the date of their joining in the

initial service and give all the benefits from the aforesaid date.

2.

This is admitted by the respondents No. 1, 3 and 4 that initially the petitioners were appointed as Guruji under the Rajiv Gandhi Shiksha Mission

from 1995-96 to 1999. Subsequently, they have been appointed as contract teachers grad-III by the concerned Gram Panchayat. Thereafter the

services of the contract teachers grade-III have been converted into the post of Shiksha karmi grade-III by order Annexure P-5 dated 25-6-2005.

3.

Counsel for the petitioners argued that the petitioners have rendered the service regularly from the year 1995-96. They are entitled to get all

benefits from the date of their first appointment.

4.

The Dy. Adv. General appearing for R-1, 3 and 4 argued that in Annexure P-5 it has been mentioned that the appointment of Shiksha Karmi grade-

III would be counted from 1-5-2005, earlier they were contract teachers.

5.

It would be pertinent to mention the provisions of Clause 1 and 2 of the order Annexure P-5 which reads as under :-

1.

01.05.2005

2.

-3

6.

The petitioners failed to show any provision of rules/regulation whereby the seniority may be given to them from the date of their first appointment

in initial service of Guruji.

7.

The instant matter is squarely covered by the order dated 29-1-2014 passed in a batch of writ petitions including WPS no. 260/2009 (Smt. Kurdula

Kujur and others -v- State of Chhattisgarh and others) by coordinate bench of this Court.

8.

Looking to the above mentioned facts and circumstances and the material placed on record, this Court finds that the writ petition being devoid of

merit, does not call for any interference by this Court in exercise of its extraordinary jurisdiction vested under 226 of the Constitution of India.