1 2025:CGHC:15232 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2383 of 2022 1 Vijay Kumar Choudhari S/o Shri R.K. Choudhari, Aged About 54 Years Working As Lecturer, Government Girls Higher Secondary School, Raigarh, District - Raigarh (Chhattisgarh), District : Raigarh, Chhattisgarh ... Petitioner(s) versus 1 State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Mantralaya Atal Nagar, New Raipur, District - Raipur (Chhattisgarh), District : Raipur, Chhattisgarh 2 The Director, Directorate Of Public Instructions, Atal Nagar, Nawa Raipur (Chhattisgarh), District : Raipur, Chhattisgarh 3 The District Education Officer, Raigarh, District Raigarh (Chhattisgarh), District : Raigarh, Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri K. P. Sahu, Advocate For Respondent(s)/ State : Shri S.S. Choubey, P.L. JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.04.02 11:45:36 +0530 2 Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 01/04/2025 1. By the present writ petition, the petitioner, who is working as Lecturer in the Government Girls Higher Secondary School, Raigarh is questioning the order dated 24.01.2022 (Annexure P-1) and also seeking a direction towards the respondent authorities to extend the benefit of second increment/ time bound pay scale from the date of entitlement in accordance with law. 2. Learned counsel for the petitioner submits that the petitioner was initially appointed on the post of Lecturer on 24.11.1990 and since then he is discharging his duties as Lecturer. He further submits that on 18.04.2006 he was granted benefit of first kramonnati vetanman. He further submits that by communication dated 13.09.2013, the Director, Directorate of Public Instructions (respondent No. 2) has directed the District Education Officer (respondent No. 3) to send name of Lecturers who have completed 20 years of service for grant of time bound pay scale. Further, on 17.12.2013 respondent No. 3 has sent name of the petitioner along with other Lecturers who have completed qualified service for grant of time bound pay scale, however, the benefit of second time bound pay scale has not been granted to the petitioner till date. He further submits that thereafter the petitioner 3 preferred a writ petition bearing WPS No. 2685 of 2021 seeking benefit of second time bound pay scale which was disposed off with a direction to the respondents to take decision on the representation of the petitioner on the basis of circular and regulations governing the field. He further submits that in pursuance to the order of this Court vide communication dated 24.01.2022 (Annexure P-1) the authorities rejected the claim of the petitioner on the ground that the petitioner is not a trained Lecturer and is not eligible for promotion to the higher post. He further submits that similarly situated persons have been granted the benefit of second time bound pay scale who were not having the said eligibility for promotion for next higher post, however, the petitioner’s claim has been rejected which is bad in law. 3. Learned State counsel by referring the circular dated 28.04.2008 (Annexure R-1) submits that it has been categorically provided that for availing the benefit of higher pay scale/ time scale pay the government servant is required to possess and fulfill the eligibility criteria as has been prescribed and required for promotion. He further submits that, in the present case of the petitioner, the petitioner is holding the post of Lecturer and the next promotional post is the post of Principal and the petitioner will be eligible for promotion to the post of Principal only if he possesses the B.ED/ B.T.I/ D.Ed qualification along with required working experience which the petitioner does not possess and hence the petitioner is not entitled for benefit of second time bound pay scale. He further 4 submits that benefit of second time bound pay scale has been denied to other similarly placed employee by order dated 02.01.2024 and 11.12.2023 (Annexure R-2). He also submits that the circular is very specific on the subject of time bound pay scale that the government servant is required to fulfill and possess the criteria as has been prescribed and required for promotion and as in the instant case the petitioner is not having the required qualification he can’t be given the benefit of second time bound pay scale. 4. I have heard learned counsel for the parties and perused the pleadings and the circular dated 28.04.2008. 5. Perusal of clause 5 of the circular dated 28.04.2008 categorically provides that for for availing the benefit of higher pay scale/ time scale pay the government servant is required to possess and fulfill the eligibility criteria as has been prescribed and required for promotion. 6. Looking to the said provision, as the case of the petitioner is being examined, it is found that the petitioner is a Lecturer wherein the next promotional post is Principal and for the said post the B.ED/ B.T.I/ D.Ed qualification along with working experience is required. However, in case of the petitioner, the petitioner is not a trained Lecturer and not having qualification of B.ED/ B.T.I/ D.Ed as required under the circular dated 28.04.2008 of the State government. Hence, the order of rejection of the claim of the 5 petitioner is in accordance with the provisions and circular dated 28.04.2008. The petitioner is not having the B.ED/ B.T.I/ D.Ed qualification, hence he is not entitled for the second time bound pay scale. There is no illegality in the order passed by the State government. 7. Accordingly, the writ petition deserves to be and is hereby dismissed. Sd/- (Bibhu Datta Guru) JUDGE Jyoti