2025:CGHC:58208 Digitally SHOAIB s S A i H N gn O W e A A d I R B by NAFR ANWAR Date:

2025.12.01 17:04:02 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9722 of 2023 Hari Ram Patel S/o Late Bahoran Patel Aged About 62 Years Sports Officer Government M M R P G College Champa, District : Janjgir-

Champa, Chhattisgarh ... Petitioner(s)

versus

1 - The State Of Chhattisgarh Through The Secretary, Higher Educational Department, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh

2 - Director Higher Educational Department, Directorate, Higher Educational Department, Naya Raipur, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh

3 - Additional Director Higher Educational Department, Directorate, Higher Educational Department, Naya Raipur, Atal Nagar, Raipur, District : Raipur, Chhattisgarh

4 - Principal Government M M R P G College Champa, District :

Janjgir-Champa, Chhattisgarh

5 - Secretary University Grants Commission, Bahadurshah Zafar Marg, New Delhi ... Respondent(s)

(Cause title taken from CIS)

For Petitioner(s) : Shri Rishikant Mahobia, Advocate.

For Respondent/State : Ms. Isha Jajodia, Panel Lawyer For Respondent No. 5 : Shri Jitendra Nath Nande, with Shri Ankit Bhoi, Advocates Hon'ble Shri Bibhu Datta Guru , Judge

Order on Board

01.12.2025

1. By the present petition, the petitioner is seeking a direction towards the respondent authorities to retire the petitioner from his service on attaining the age of 65 years instead of 62 years.

2. Case of the petitioner is that, the petitioner is working as Sports Officer in the Department of Higher Education. His service conditions are governed by the Chhattisgarh Educational Service (Collegiate Branch) Recruitment Rules, 1990. According to the petitioner, the pay scale and other service benefits are also equivalent with the Assistant Professors and other teaching staff and as such the petitioner be also retired on attaining the age of 65 years. The contention of the petitioner is in various states like Punjab, Uttar Pradesh, Andhra Pradesh, Gujarat, Kerala and Nagpur, the Universities are granting benefit of age of superannuation at 65 years to the Sports Officers and Librarians, however, the same is not being granted in the State of Chhattisgarh. He also contended that the Sports Officers are imparting education in Bachelor of Physical Education, where the course is introduced in the Colleges.

3. Learned counsel appearing for the State would oppose the aforesaid submission. He would place reliance upon the decision rendered by the Division Bench of this Court on 14.07.2025 in WPS No. 505/2024 (Dr. Ramanand Yadu vs. State of Chhattisgarh & Others) and other connected matters and would submit that the petitioner’s case is also identical to the said case and hence, this petition may be dismissed in terms of the order passed in Dr. Ramanand Yadu (Supra).

4. I have heard learned counsel for the parties and perused the records.

5. Alike the instant petition, one writ petition was filed before the Division Bench of this Court sorting for declaration of the Shanshodhan Adhiniyam, 2012 as Ultra Vires, in Hemlal Sahu v. Union of India & others (WPS No.5218/2016). In the said matter though the Court accepted that "the status of class room teachers and sports officer/teachers has been held to be same as teacher" by placing the reliance on P. S. Ramamohan Rao v. A.P Agricultural University, 1997 (8) SCC 350, but dismissed the petition on merits vide order dated 19.05.2021. The said decision rendered by this Court has attained finality because the same has not been challenged before the Supreme Court by the aggrieved party.

6. After considering all the aspects of the matter and by placing reliance upon the decision rendered in Hemlal Sahu (Supra) Division Bench of this court by detailed order dated 14.07.2025 dismissed the batch of writ petitions (Dr. Ramanand Yadu (Supra) and other connected matters holding as under:-

13. In Hemlal Sahu (supra), the petitioner had sought for decla