Eligibility for government employment benefits hinges on service duration and adherence to established policies; administrative decisions must not contravene due processes.

ORDER :

1. Since common question law and facts are involved in both the writ petitions, they heard analogously and are being decided by this common order.

1.1 WPS No. 3369/2021 has been filed by the petitioner assailing the order dated 25.03.2021 passed by respondent No. 3 by which representation of the petitioner for grant of time bound pay scale has been rejected.

2. WPS No. 2408/2024 has been filed by the petitioner assailing the order dated 09.02.2024 passed by respondent No. 3 by which representation of the petitioner for granting him promotion to the post of Lecturer (Hind) or Lecturer (Mathematics) has been rejected.

3. The brief facts in WPS No. 3369/2021 as reflected from the record are that:-

(A) The petitioner was appointed on the post of Shiksha Karmi Grade-II (Mathematics) in pay scale of Rs. 4500-125-7000 and posted at Middle School Podi, Surajpur on 29.05.2009 (Annexure P/2) as per the Chhattisgarh Panchayat Shiksha Karmi (Recruitment and Service Condition) Rules, 2007 (for short “the Rules, 2007”) and his services have been regularized on 08.06.2011 (Annexure P/8). The department of Finance and Planning, Government of Chhattisgarh issued clarification on 10.08.2009 clarifying the earlier circulars issued by the State Government on 28.04.2008 & 15.01.2009 regarding grant of time bound pay scale to Government employees after completion of 8 & 16 years for members of cadre-A & B respectively and for cadre-C 10 & 20 years. The clarification was sought whether any Government servant who has been directly appointed in the department which is included in the list of recognized department for grant of time bound pay scale then his previous appointment in any of the department or his past service will be counted for calculating the period for time bound pay scale. It has been further clarified that the direct recruited posts will be treated as first appointment for grant of first time bound pay scale only and the incumbent is not entitled to get the first time bound pay scale unless he fulfills the requisite length of service as mentioned in the circular issued by the State Government.

(B) It is case of the petitioner that the State Government vide circular dated 10.03.2017 has issued direction for grant of first time bound pay scale and second time bound pay scale to Assistant Teachers after completion of 10 years & 20 years of service by reducing it from 12 years & 24 years, as such, the petitioner should be granted time bound pay scale. It is further case of the petitioner that the State Government has absorbed the Shiksha Karmi working in various schools run by the Panchayat to School Education Department vide order dated 30.06.2018 with effect from 01.07.2018 on certain conditions which read as under:-

(C) The petitioner filed writ petition before this Court which is registered as WPS No. 966/2021 and this Court vide order dated 05.03.2021 while deciding the case, has directed the Director, Directorate of Public Instruction, Raipur to take appropriate steps so far as grant of Kramonnati/Time Scale Pay to the petitioner on completion of 10 years of service as per memo dated 09.10.2019 memo written by Under Secretary, School Education Department to Director, Directorate of Public Instruction. In pursuance of the said order, the petitioner submitted a representation before respond