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2014 Supreme(Chh) 163

YATINDRA SINGH, PRASHANT KUMAR MISHRA
Tilak Ram Mandavi – Appellant
Versus
State of CG – Respondent


Advocates:
Advocate Appeared
Shri Prateek Sharma, Shri Ashok Kumar Shukla, Shri Ajay Shrivastava, Shri Mateen Siddique and Shri Somkant Verma, counsels for the Petitioners.
Shri YS Thakur, Deputy Advocate General for the State.

ORDER

1. This two groups of writ petitions challenge different provisions of Chhattisgarh Tribal and Scheduled Caste Development Department Educational Cadre (Gazetted), Service Recruitment Rules, 2011 (the 2011Rules) and are opposite to each other in the sense that if one is to be allowed the other is to be dismissed:

The first group namely WP(S)-1407, and 2241 of 2012 (serial-1 and 2) is by directly recruited Lecturers and they substantially challenged the equivalence granted to Headmasters, Middle School with the Lecturers;

The second group of writ petitions namely WP(S)-2349, 2674, 2675, 2676, 3150 of 2012 and WP(S)-1449 of 2013 (serial-3 to 8) is by Lecturers, who are promoted from the post of Head Masters, Middle School for not including the period of their service as Head Master, Middle School for calculating the period of their qualifying service as has been in the case of those Head Masters middle school who continue to hold such post.

THE FACTS Historical ? The Earlier Rules

2. Initially, in the State, the school teachers (upto class XII) were under the following categories:

(i) Assistant Teachers upto class-V;

(ii) Head Master, Primary School (upto class V);

(iii) Upper







































































































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