1 2025:CGHC:1918 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 206 of 2025 1 - Sewak Singh Porte S/o Late Shri Ajeet Singh Porte Aged About 58 Years Working As Assistant Teacher At- Government Primary School, Ghodakhuri (Kosa) Block- Pamgarh, Civil And Revenue, District- Janjgir- Champa, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - The Director, Directorate Of Public Instruction Indrawati Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 3 - The Divisional Joint Director, Education Division Bilaspur District- Bilaspur (C.G.) 4 - The Collector, Janjgir- Champa District- Janjgir- Champa (C.G.) 5 - The District Education Officer, Janjgir- Champa District- Janjgir- Champa (C.G.) 6 - The Block Education Officer Block- Pamgarh, District- Janjgir- Champa (C.G.) ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Amit Kumar Chaki, Advocate Digitally signed by RAVI SHANKAR MANDAVI 2 For State/Respondent(s) : Mr. Pratik Tiwari, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad, J Order on Board 13/01/2025 1. Heard Mr. Amit Kumar Chaki, learned counsel for the petitioner as well as Mr. Pratik Tiwari, learned Panel Lawyer for the State/respondent/s. 2. The present writ petition has been filed by the petitioner against the inaction on the part of the respondents in not considering the petitioner as trained Teachers. 3. By this petition, this petitioner has sought following relief(s) : “10.1 That, this Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus or suitable direction to the respondents' authorities for declaring the petitioner as trained teacher. 10.2 This Hon'ble Court may kindly be pleased to direct the respondent authorities for allowing the benefits of pay fixation and promotion on the next cadre in accordance with law. 10.3 This Hon'ble Court may kindly be please to direct the respondent authorities to consider the claim of petitioner in view of circular dated 22.11.1979 (Annexure P-4) 10.4 That, this Hon'ble Court may kindly be pleased to allow any other relief as the Hon’ble Court may be deemed fit and proper.” 4. Learned counsel for the petitioner submits that the petitioner is currently serving as an Assistant Teacher at Government Primary 3 School, Ghodakhuri (Kosa), Block-Pamgarh. Initially, the petitioner was appointed as a Contract Teacher, Class-3. Subsequently, by virtue of the order dated 05.05.2005, the post of Contract Teacher, Class-3, was re-designated as Shikshakarmi Grade (Warg)-3. Upon the successful completion of the probationary period, the petitioner was granted regular pay scale. Furthermore, by order dated 20.10.2009, the petitioner was regularized in the said post. Some of the teachers were also promoted on the post of Upper Division Teacher/Head Master Primary School and Middle School respectively. Now the teachers who are not having the B.T.I. or B.Ed. Certificate, they will not be treated as trained teachers but with regard to the declaration of the trained teachers but with regard to the declaration of the trained teachers, a circular, dt. 22- 11-1979 has been issued by the erstwhile State of Madhya Pradesh which is applicable to the State of Chhattisgarh and as such, the teachers who completed their 50 years age or 20 years services, they will be declared as trained teachers. The petitioner has rendered his services in the Primary School and has attained the age of 58 years and completed 20 years of eligible service. Therefore, the petitioner is now entitled to receive all benefits and privileges accorded to Trained Teachers in accordance with the applicable rules and regulations. In the identical issues, raised before this Hon'ble Court in which, this Hon'ble Court has pleased to pass the order on dated 20-12-2013, 15-09-2014 and 14-05- 2018 directed the respondent's authorities to consider the 4 representation submitted by the petitioner in accordance with law. At this juncture, the petitioner is presently awaiting consideration for promotion and is on the verge of retirement. However, the respondent authorities have failed to consider his name for promotion solely on the ground that the petitioner is categorized as an untrained teacher. It is submitted that teachers who have attained the age of 50 years or completed 20 years of service are entitled to get the said benefits, including pay fixation and promotion, as per the provisions outlined in the circular dated 22.11.1979. Thus, in view of the circular of the State Government, the petitioner has become entitled to be declared as trained teacher. 5. At this juncture, the limited prayer that counsel for the petitioner prays for is that they have already represented to the higher authorities in the department and they may further be allowed to make a fresh representation to the higher authorities supported with all relevant documents and to which the Authorities concerned may consider in accordance with rules, regulations and circulars governing the field and in case if the petitioner is found entitled for the benefit, the same be extended at the earliest. 6. The limited prayer sought for by the petitioner is not opposed by the State counsel, except for the fact that contentions raised by the petitioner need to be verified from the service record of the petitioner. 5 7. In view of the above submissions by the counsel for the parties, the writ petition stands disposed of directing respondent authorities to take an appropriate decision in case of the petitioner as to whether the petitioner would be entitled for the exemption for being declared as Trained Teacher or not? 8. Let an appropriate decision be taken in this regard at the earliest preferably within a period of 60 days from the date of receipt of copy of this order. 9. While hearing in the matter of similar issue, the Co-ordinate Bench has also passed an order in WPS No.2169 of 2021 in respect of grant of benefit of Trained Teacher (two increments) and in the light of same, this writ petition accordingly stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi