Circulars related to pay scales and arrears apply prospectively, and past service benefits are not transferable post-departure from the department.

ORDER :

Amitendra Kishore Prasad, J.

1. Heard Ms. Deepali Pandey, learned counsel for the petitioners. Also heard Mr. Rahul Tamaskar, learned Government Advocate appearing on behalf of the State/respondents No.1 to 3 as well as Ms. Akanksha Jain, learned counsel appearing for respondent No.4.

2. In all the writ petitions, a seminal question for adjudication has been raised. Accordingly, all the writ petitions were clubbed together for hearing and are being disposed of by this common order.

3. For the sake of convenience, WPS No. 5997 of 2023 is treated as the lead case, and for the purpose of adjudication of all the matters, the pleadings filed in WPS No. 5997 of 2023, as well as the return filed by the respondents have been taken into consideration.

4. In WPS No.5997/2023, the petitioner has prayed for the following reliefs:-

“10.1 That, the Hon’ble Court be pleased direct respondent state authority no.4 to decide the pending application dated 26/6/23 of the petitioner.

10.2 That, the Hon’ble Court be pleased to direct the respondent authorities to grant the arrears of Rs.6,27,280/- which the petitioner is entitled as per the circulars of the State Government.

10.3 That, any other relief which this Hon’ble Court deems fit in the present facts and circumstances of the case may kindly be granted.”

5. Brief facts of the case for deciding all the writ petitions, in a nutshell, are that all the petitioners are Headmasters posted in different Government Primary Schools in the newly formed District Sarangarh–Bilaigarh. The petitioners were initially appointed as Shiksha Karmis Grade-III under the Panchayat Department during the years 1998–1999. Thereafter, they participated in the Limited Departmental Competitive Examination conducted in accordance with the Chhattisgarh Non-Gazetted Class-III School Education (School Level Services) Recruitment and Promotion Rules, 2008, and were selected and appointed as Headmasters under the School Education Department on 25.11.2010. Upon such selection, the petitioners were duly relieved from the Panchayat cadre and since then have been continuously working as Headmasters in Primary Schools under the School Education Department.

6. The Department of Panchayat and Rural Development, Government of Chhattisgarh, issued a circular dated 01.05.2012 granting the first time-scale to Assistant Teachers (Panchayat), Teachers (Panchayat), and Lecturers (Panchayat) who were graduates and had completed seven years of service, along with dearness allowance at the rate of 50% of basic pay. Subsequently, another circular dated 17.05.2013 was issued granting revised pay-scale to Teachers (Panchayat) who had completed eight years of service as on 01.05.2013, to be calculated from the date of initial appointment. Thereafter, the State Government issued a further circular dated 24.04.2023 granting arrears of pay-scale to Shiksha Karmis.

7. In pursuance of the aforesaid circulars, the petitioners submitted applications before the Chief Executive Officer, Janpad/Jila Panchayat, Baramkela, District Sarangarh–Bilaigarh, seeking grant of arrears towards the first time-scale on completion of seven years and revised pay-scale on completion of eight years of service for the period during which they had worked as Shiksha Karmis under the Panchayat Department, i.e., between the years 2005 and 2010. In WPS No. 5997 of 2023, the petitioner quantified the claim to the tune of Rs.6,27,280/-. However, despite submission of the applications along with calculation charts, the same have neither been decided nor have the arrears be