##PAGE1##

1

2026:CGHC:5327

AVINASH NAFR

SHARMA

Digitally signed by HIGH COURT OF CHHATTISGARH AT BILASPUR

AVINASH SHARMA

Date: 2026.02.06

10:54:18 +0530

WPS No. 8155 of 2023

Jitendra Kumar Sahu S/o Shri Dharam Lal Sahu Aged About 42 Years R/o

Ward No. 17, Near Vidyut Grih School, Sahu Basti, Patharripara, District

Korba (C.G.).

... Petitioner.

Versus

1 - State of Chhattisgarh Through Secretary, School Education Department

Mahanadi Bhawan, Secretariate, Nawa Raipur, District Raipur (C.G.).

2 - Collector District Janjgir-Champa (C.G.).

3 - Chief Executive Officer Zila Panchayat, District Janjgir-Champa (C.G.).

4 - District Education Officer District Janjgir - Champa (C.G.).

5 - Chief Executive Officer Janpad Panchayat, Pamgarh, District Janjgir-

Champa (C.G.).

6 - Block Education Officer Block Pamgarh, District Janjgir-Champa (C.G.).

7 - Sarpanch / Secretary Village Panchayat Rasouta, District Janjgir-Champa

(C.G.).

8 - Satyendra Singh Chandel S/o Chhotelal Singh Chandel Aged About 38

Years Presently Working On The Post Of Academic Coordination Sankul

2

Centre - Rasouta, Janpad Panchayat Pamgarh, District Janjgir-Champa

(C.G.).

... Respondents.

For Petitioner : Shri Syed Afaque Hussain Rizvi appears on

behalf of Shri Lavkush Kumar Sahu, Advocates.

For State/Respondent : Shri Sangarsh Pandey, GA.

For Respondent No.8 : Shri Vivek Singhal, Advocate.

Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

30/01/2026

1. By way of this petition, petitioner is seeking following reliefs:-

10.1 That the Hon'ble Court may kindly be pleased to

call for the entire records pertaining to the case of

petitioner for its kind perusal and thereafter allow the

petition.

10.2 That the Hon'ble Court may kindly further be

pleased to cancel the initial appointment of respondent

No. 8 and consequently the order dated 2/5/2005 (Ann.

P-2) and subsequent promotion (Ann. P-3).

10.3 That the Hon'ble Court may kindly further be

pleased to direct the respondent No. 2 to initiate

preliminary inquiry against the responsible officials who

are/were involved in wrong appointment of respondent

No. 8.

10.4 That the Hon'ble Court may kindly further be

pleased to grant any other relief or direction which this

Hon'ble Court deems fit in the facts and circumstances

of the case in the interest of justice.

2. Necessary facts of the case are that as per documents provided by the

Gram Panchayat Rasouta under RTI, the respondent No. 8 submitted

3

his application in the year 2002 for contract teacher recruitment before

the Sarpanch, Village Panchayat Rasouta, District Janjgir-Champa

(C.G.) in Government Middle School, Rasouta (General Category).

Alongwith application the respondent No. 8 submitted all the requisite

documents. According to the said application, the date of birth of

respondent No. 8 is 1-7-1985 and as on 1-7-2003 he completed 18

years and at the same time he was given appointment on the post of

contract teacher after approval of Gram Panchayat Rasouta. After three

years of service of respondent No. 8 as contact teacher, the

respondent No.5 CEO Janpad Panchayat, Pamgarh issued order dated

02/05/2005 (Annexure P-2) whereby the post of Contract Teacher

Grade-III changed into Shiksha Karmi Grade-III and accordingly the

respondent No. 8 was appointed on dated 1/5/2005 on the post of

Shiksha Karmi Grade-III by the respondent No. 5. Thereafter vide order

dated 20/10/2009 (Annexure P-3) issued by the respondent No. 5 the

services of respondent No. 8 was regularized from 1/5/2007 with other

teachers on completion of two years' probation period. Petitioner

submits that the appointment of respondent No. 8 as contract teacher

and thereafter on the post of Shiksha Karmi Grade-III was in

accordance with Rule 7 sub-rule (4) of the Chhattisgarh Panchayat

Shiksha Karmi (Recruitment and Conditions of Service) Rules, 1993

unfortunately, at that time, the respondent No. 8 was not eligible to hold

post of Shiksha Karmi in view of the minimum age but the Respondent

Authorities ignored the same. Thus, the appointment of respondent No.

8