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NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 7482 of 2018
2. Dr. Anita Dixit W/o Shri Sanjay Dixit, Aged About 53 Years, Assistant Professor, Government D B Mahila College, Raipur, R/o C-38, Gaytri Nagar Raipur, Tehsil And District Raipur, Chhattisgarh
2. Dr. Alka Verma W/o Shri C Verma, Aged About 50 Years, Assistant Professor, Government D B P G Girls College, Raipur, R/o 54/1031, Opposite Harsh Fancy Store, Shanti Vihar Colony, Danganiya, Tehsil And District Raipur Chhattisgarh
3. Dr. Sarita Dubey W/o Dr. V K Dubey, Aged About 58 Years Assistant Professor, Government D B P G Mahila College, Raipur, R/o Gajraj Chowk, Mahamaipara, Purani Basti Raipur, Tehsil And District Raipur Chhattisgarh
4. Dr. Prem Lata Tiwari W/o Shri Rajesh Tiwari, Aged About 51 Years Assistant Professor, Government D B Girls P G College Raipur, R/o Flat No. 103, Parshva Vihar, Gole Chowk, Rohinipuram, Tehsil And District Raipur, Chhattisgarh
5. Smt. Sharda Jain W/o Shri Prakash Chandra Jain, Assistant Professor, Government J Y Chhattisgarh College, Raipur, R/o Junior M I G 687, Sector 2, Dindayal Upadhyay Nagar, Tehsil And District Raipur Chhattisgarh.
6. Dr. Manoj Kumar Shukla S/o Shri Ramesh Kumar Shukla, Aged About 51 Years, Assistant Professor, Government Sanskrit College, Raipur, R/o House No. 291 Sundar Nagar, Tehsil And District Raipur Chhattisgarh.
7. Smt Sadhana Parekh W/o Jayesh Parekh, Aged About 55 Years, Assistant Professor, Government W W Patankar P G Girls College, Durg, R/o 1 B/ Block 3, Kubher Enclave Bhilai, Tehsil And District Durg Chhattisgarh
8. Dr. Krishna Chatterjee W/o Shri Amit Kumar Chatterjee, Aged About
59 Years, Assistant Professor, Government V Y T P G College, Durg, R/o Block No. 20, Plot No.3 Nehru Nagar (East) Bhilai, Tehsil And District Durg, Chhattisgarh
9. Smt. Jyoti Dharkar W/o Shri Rajesh Dharkar, Aged About 52 Years, Assistant Professor, Government V Y T P G College, Durg, R/o H I G -05 H U D C O, Bhilai, Tehsil And District Durg Chhattisgarh
10. Dr. Tarlochan Kaur Sandhu W/o Shri Jagdeep Singh Sandhu, Aged About 56 Years Assistant Professor, Government V Y T P G College, Durg R/o House No.20 Sundar Nagar, Supela, Tehsil And District Durg Chhattisgarh
11. Dr. Alpana Dubey W/o Shri R K Dubey, Aged About 54 Years, Assistant Professor, Dr. K C B Govt. P G College, Bhilai , R/o A-18, C H P L Dream Homes, Near Panchmukhi Hunuman Mandir, Junwani Road, Tehsil And District Durg Chhattisgarh
12. Dr. Neeru Agrawal W/o Shri Shrikant Agrawal, Aged About 54 Years Assistant Professor, Government V Y T P G College, Durg, R/o C-35, Saket Colony, Katul Bod, Tehsil And District Durg Chhattisgarh
13. Dr. Meena Maan W/o Shri Karmaljeet Singh Maan, Aged About
53 Years Assistant Professor, Government V Y T P G College Durg, R/o House H I G-03, Hudco Bhilai, Tehsil And District Durg Chhattisgarh
14. Dr. Mona Jain W/o Shri Anil Jain Aged About 52 Years Assistant Professor Government J.Y. Chhattisgarh College, Raipur, Resident Of Guru Tegbahadur Nagar, Tahsil And District- Raipur, Chhattisgarh
15. Dr. Toynidhi Vaishnav S/o Shri Ramsharan Vaishnav Aged About 63 Years Assistant Professor, Government Dudhadhari P.G. College, Raipur, Resident Of Professor Colony House No. 43, Sector-
1, Dudhadhari Mandir Marg, Tehsil And District- Raipur, Chhattisgarh
16. Dr. Lata Meshram W/o Dr. J.P. Meshram, Aged About 54 Years Assistant Professor, Govt Dr. W.W. Patankar Girls P.G. College, Durg, R/o- E-4/15 Chauhan Town, Junwani, Bhiali, Chhattisgarh
17. Dr. Alpana Deshpandey W/o Shri Arvind Deshpandey, Aged About 52 Years, Assistant Professor, Dr. K.B. Government P.G. College Bhilai, Resident Of D/152 Mr Colony, Tehsil And District-
Raipur, Chhattisgarh
18. Dr. Rajni Yadu W/o Shri Dr. Ramanand Yadu, Aged About 54 Years, Assistant Professor Government J.Y.C.G. College, Raipur, Resident Of 30/219 Brahamen Para, Dhobi Mohalla Tehsil And District- Raipur, Chhattisgarh
19. Dr. Aruna Sharma W/o Dr. Ashok Kumar Sharma, Aged About
55 Years Assistant Professor, Govt J.Y.C.G. College, Raipur, Tahsil And District Raipur, Chhattisgarh
20. Dr. Urmila Shukla W/o Shri Masharam Shukla Aged About 56 Years Assistant Professor Government Govt, J.Y.C.G. College, R/o A-21, Steel City, Tahsil And District- Raipur, Chhattisgarh
21. Dr. Asha Diwan W/o Rakeshdhar Diwan, Aged About 57 Years, Assistant Professor Government Naveen College, Bhilai Resident Of House No. 109, Road No. 28, Smriti Nagar, Tahsil And District- Durg, Chhattisgarh
22. Dr. Sunita Mishra W/o Shri M.D. Diwedi, Aged About 57 Years Assistant Professor Government Naveen College, Bhilai, Resident Of House No. 89/2 Maitri Nagar, Bhilai, Tahsil And District- Durg, Chhattisgarh
23. Dr. Shipra Banerjee W/o Shri Ashok Banerjee, Aged About 52 Years Assistant Professor Government D.B. Girls. P.G. College, Raipur, R/o 1/13 (I-13) Anupam Nagar, Tahsil And District Raipur, Chhattisgarh
24. Dr. Sulekha Agrawal W/o D.K. Agrawal, Aged About 58 Years Assistant Professor, Government Pandit Shayacharan Shukl College, Dharsiva, R/o H-18 Rajeev Nagar Extension Shiv Mandir, Tahsil And District- Raipur, Chhattisgarh ---- Petitioners Versus
1. State Of Chhattisgarh Through Secretary To The Government Of Chhattisgarh, Secretariat, Department Of Higher Education, Mahanadi Mantralaya, Naya Raipur, District Raipur, Chhattisgarh
2. The Principal Secretary To The Government Of Chhattisgarh, Department Of General Administration, Secretariat, Mahanadi Mantralaya, Naya Raipur, District Raipur, Chhattisgarh
3. The Principal Secretary To The Government Of Chhattisgarh Department Of Finance, Secretariat, Mahanadi Mantralaya, Naya Raipur, District Raipur, Chhattisgarh
4. The Commissioner, Department Of Higher Education, Government Of Chhattisgarh, Block- 3, Indravati Bhavan, Naya Raipur, District Raipur Chhattisgarh
5. The Regional Additional Director, Higher Education Government Of Chhattisgarh, Raipur Division, District Raipur Chhattisgarh
6. The Regional Additional Director Of Higher Education, Government Of Chhattisgarh, Bilaspur Division, District Bilaspur, Chhattisgarh
7. The Regional Additional Director Of Higher Education, Government Of Chhattisgarh, Jagdalpur Chhattisgarh ---- Respondents For Petitioners : Shri Vasant Zokarkar, Advocate For State : Shri Chandresh Shrivastava, P.L.
Hon'ble Shri Justice P. Sam Koshy
['SAMEER ORAON', '', 'Trishna Das', 'M L SAKAT', 'RAZA ALI', 'Ankur Agrawal', 'Manay Nath thakur', 'A G']
Order On Board
14.11.2018 The challenge in the present writ petition is to the order Annexure P-1 dated 08.05.2015 whereby the State Govt. has taken a decision that the service of the petitioners would be counted only from the date they were regularized in the Department and not from the initial date of appointment
2. Counsel for the petitioners submits that the matter has already been considered at length by the Hon’ble Supreme Court in the case of State of Madhya Pradesh Vs. Satyavrata Taran, (2012) 2 SCC 83. He further submits that similarly placed persons in the State of Chhattisgarh have also been granted the said benefit in WPS No. 785 of 2015 and batch of writ petitions decided on 22.09.2015 against which writ appeals were also preferred, the leading being Writ Appeal No. 133 of 2017, all of which again were dismissed on 18.04.2017. In view of the same, counsel for the petitioner prays for a similar relief as has been granted in those writ petitions whereby the said circular has been struck down.
3. Given the aforesaid facts and circumstances of the case, this Court is of the opinion that since the matter has already been decided by the Supreme Court as also by this Court in a batch of writ petitions and the order which has been affirmed in a batch of writ appeals by the Division Bench of this Court, the present writ petition can also be disposed of in similar terms.
4. Accordingly, the present writ petition stands allowed and disposed of subject to verification of the fact as to whether the petitioners are similarly placed as the petitioners in WPS No. 785 of 2015 and the batch of writ petitions decided on 22.09.2015 and which has been affirmed in Writ Appeal No. 133/2017 decided on 18.04.2017, the case of the petitioners be considered for grant of similar benefits which have been extended to similarly placed persons who were the petitioners in the above referred writ petition. While deciding the claim of the petitioners, the respondents shall also keep in view the judgment of the Supreme Court in the case of State of Madhya Pradesh Vs. Satyavrata Taran, (2012) 2 SCC 83. Let this exercise be completed within a period of 4 months from the date of receipt of certified copy of this order.
