Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Chh) 9625

HIGH COURT OF CHHATTISGARH AT BILASPUR

WA No. 273 of 2026

1 - Amarsing Kosariya S/o Jagabandhu Kosariya Aged About 39 Years Presently Posted As Head Master At Govt. Primary School Khenodipa (SSA) Block- Basna District Mahasamund (C.G.)

2 - Arpana Barik D/o Nahum Barik Aged About 41 Years Presently Posted As Head Master At Govt. Primary School Arekel Deepa (SSA) Block- Basna, District Mahasamund (C.G.)

3 - Dukalu Bhoi S/o Arjun Bhoi Aged About 45 Years Presently Posted As Head Master At Govt. Primary School Kotendarha Block- Basna, District Mahasamund (C.G.)

4 - Kunti Patel W/o Rajesh Kumar Patel Aged About 39 Years Presently Posted As Head Master At Govt. Primary School Dongaripali Block Basna, District Mahasamund (C.G.)

5 - Ashwinee Kumar Sidar S/o Niranjan Sidar Aged About 43 Years Presently Posted As Head Master At Govt. Primary School Akhunta Tu (SSA) Block- Basna, District Mahasamund (C.G.)

6 - Nand Kumar Sao S/o Rajendra Kumar Sao Aged About 36 Years Presently Posted As Assistant Teacher At Govt. Primary School Medinipur Block- Basna, District Mahasamund (C.G.)

7 - Manohar Lal Dadsena S/o Fulsay Dadsena Aged About 45 Years Presently Posted As Head Master At Govt. Primary School Amapali Block- Basna, District Mahasamund (C.G.)

8 - Basant Kumar Sahu S/o Narayan Prasad Sahu Aged About 48 Years Presently Posted As Head Master At Govt. Primary School Lalitpur Tu (SSA) Block- Basna, District Mahasamund (C.G.)

9 - Devki Sahu W/o Basant Kumar Sahu Aged About 44 Years Presently Posted As Assistant Teacher At Govt. Primary School Lalitpur Tu (SSA) Block- Basna, District Mahasamund (C.G.)

10 - Awadh Ram Jagat S/o Surit Ram Jagat Aged About 50 Years Presently Posted As Head Master At Govt. Primary School Jharudela Block- Basna, District Mahasamund (C.G.)

11 - Shripati Sao S/o Fagulal Sao Aged About 50 Years Presently Posted As Head Master At Govt. Primary School Ajgarkhar Block Basna, District Mahasamund (C.G.)

12 - Lalita Vishal W/o Yatindra Vishal Aged About 51 Years Presently Posted As Head Master At Govt. Primary School Pipalipali (SSA) Block Basna, District Mahasamund (C.G.)

13 - Sadashiv Chauhan S/o Ramoo Chauhan Aged About 56 Years Presently Posted As Head Master At Govt. Primary School Pargala Block- Basna, District Mahasamund (C.G.)

14 - Prabha Jagat W/o Kirjay Jagat Aged About 37 Years Presently Posted As Assistant Teacher At Pm Shri Govt. Primary School Chanat Block- Basna, District Mahasamund (C.G.)

15 - Kunti Patel W/o Ganesh Kumar Patel Aged About 38 Years Presently Posted As Head Master At Govt. Primary School Chhuipali Block- Basna, District Mahasamund (C.G.)

16 - Ganesh Kumar Patel S/o Nanki Lal Patel Aged About 40 Years Presently Posted As Head Master At Govt. Primary School Banipali Block- Basna, District Mahasamund (C.G.)

17 - Gulab Ray Patel S/o Manohar Patel Aged About 40 Years Presently Posted As Head Master At Govt. Primary School Saraipali (SSA) Block Basna, District Mahasamund (C.G.)

18 - Lalit Kumar Choudhary S/o Gokul Prasad Choudhary Aged About 54 Years Presently Posted As Head Master At Govt. Primary School Dhamanaghutkuri Block- Basna, District Mahasamund (C.G.)

19 - Kshirsagar Khute S/o Ramsingh Khute Aged About 44 Years Presently Posted As Head Master At Govt. Primary School Chandkhuri Block- Basna, District Mahasamund (C.G.)

20 - Basudev Sao S/o Rajaram Sao Aged About 57 Years Presently Posted As Head Master At Govt. Primary School Piwapali Block- Basna, District Mahasamund (C.G.)

21 - Krishan Kumar Choudhary S/o Dasrath Choudhary Aged About 41 Years Presently Posted As Head Master At Govt. Primary School Dhanapali Block- Basna, District Mahasamund (C.G.)

22 - Sarvind Sidar S/o Ghuruwa Sidar Aged About 39 Years Presently Posted As Head Master At Govt. Primary School Gadpatni Block Basna, District Mahasamund (C.G.)

23 - Nilamber Nayak S/o Sadanand Nayak Aged About 44 Years Presently Posted As Head Master At Pm Shri Govt. Primary School Chanat Block- Basna, District Mahasamund (C.G.)

24 - Chitrrekha Patel W/o Devesh Patel Aged About 41 Years Presently Posted As Head Master At Govt. Primary School Koldipa (SSA) Block Basna, District Mahasamund (C.G.)

25 - Reeta Pati W/o Dinesh Kumar Pati Aged About 42 Years Presently Posted As Head Master At Govt. Primary School Jalkot Block- Basna, District Mahasamund (C.G.)

26 - Amita Khutte W/o Girdhar Khutte Aged About 46 Years Presently Posted As Head Master At Govt. Primary School Deori Block- Basna, District Mahasamund (C.G.)

27 - Chandar Sai Shyam S/o Jarban Shyam Aged About 55 Years Presently Posted As Head Master At Govt. Primary School Lamkasa Block- Basna, District Mahasamund (C.G.)

28 - Mahendra Kumar Varge S/o Bihari Lal Varge Aged About 39 Years Presently Posted As Head Master At Ashram Fulwari (Twd) Block Basna, District Mahasamund (C.G.)

29 - Manjulata Varge W/o Mahendra Kumar Varge Aged About 44 Years Presently Posted As Assistant Teacher At Govt. Primary School Chhotedabha Block- Basna, District Mahasamund (C.G.)

30 - Shobha Nayak W/o Bharat Nayak Aged About 43 Years Presently Posted As Head Master At Govt. Primary School Parrapat Block Basna, District Mahasamund (C.G.)

31 - Champat Lal Dadsena S/o Kanchan Lal Dadsena Aged About 39 Years Presently Posted As Head Master At Govt. Primary School Badedabha Block- Basna, District Mahasamund (C.G.)

32 - Chandra Prakash Nayak S/o Mahendra Kumar Nayak Aged About 36 Years Presently Posted As Head Master At Govt. Primary School Piwapali Block- Basna, District Mahasamund (C.G.)

33 - Chudamani Bhoi S/o Santlal Bhoi Aged About 39 Years Presently Posted As Head Master At Govt. Primary School Harilchhapar Block Basna, District Mahasamund (C.G.)

34 - Godawari Jagat D/o Karam Singh Jagat Aged About 38 Years Presently Posted As Assistant Teacher At Govt. Primary School Potapara Block- Basna, District Mahasamund (C.G.)

35 - Vinodini Behra W/o Rajesh Behra Aged About 39 Years Presently Posted As Head Master At Govt. Primary School Girls Singhanpur Block- Basna, District Mahasamund (C.G.)

... Appellants

versus

1 - State pf Chhattisgarh Through- Secretary School Education Department Mahanadi Bhawan Atal Nagar Nawa Raipur District- Raipur (C.G.)

2 - State of Chhattisgarh Through Its Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.)

3 - Director Directorate of Public Instruction, Indrawati Bhawan, Atal Nagar, Naya Raipur, District Raipur (C.G.)

4 - Commissioner Cum Director Directorate Of Panchayat Atal Nagar, Naya Raipur, District Raipur (C.G.)

5 - District Education Officer District Mahasamund (C.G.)

6 - Chief Executive Officer, Zila Panchayat, District Mahasamund (C.G.)

7 - Chief Executive Officer, Janpad Panchayat, Basna, District Mahasamund (C.G.)

8 - Block Education Officer, Block- Basna, District Mahasamund (C.G.)

... Respondents

Hon'ble Shri Ramesh Sinha, Chief Justice
Hon'ble Shri Ravindra Kumar Agrawal, Judge

Advocates:
For the Appellants/Petitioners: None
For the Respondents: Prasun Kumar Bhaduri

Employees under the Panchayat cadre absorbed into the School Education Department are not entitled to financial benefits under circulars restricted to regular State Government employees for their pre-absorption service, particularly when specific absorption policies exclude payment of arrears for the prior period.

Headnote:(A) Chhattisgarh Panchayat Raj Adhiniyam, 1993 - Section 95 - Chhattisgarh Panchayat Shiksha Karmi (Recruitment and Conditions of Service) Rules, 2007 - Writ Appeal - Benefit of Kramonnati Vetanman - Petitioners being Shiksha Karmis appointed under Panchayat Department not entitled to benefits applicable to State Government employees prior to their absorption into School Education Department - As per Circular dated 30.06.2018, services of Panchayat employees absorbed into School Education Department are calculated from 01.07.2018 and no arrears are payable for periods prior to said date - Claim for parity with employees granted special benefits rejected on basis of clear distinction in service conditions. (Paras 22, 26, 28, 30)

Facts of the case:
The appellants, formerly Shiksha Karmis under the Panchayat Department, were absorbed into the School Education Department in 2018. They sought the benefit of time-bound pay scale (Kramonnati Vetanman) pursuant to a 2017 circular applicable to State Government employees. The High Court dismissed their writ petition, leading to the current appeal.

Findings of Court:
The Court found that petitioners were not State Government employees at the time the 2017 circular was issued. Their service conditions were governed by the Panchayat cadre rules. Consequently, they cannot claim benefits designated for State Government employees. Furthermore, the absorption policy specifically barred the payment of arrears for service prior to 01.07.2018.

Issues: Whether former Shiksha Karmis under the Panchayat Department are entitled to Kramonnati Vetanman benefits applicable to state-level Government employees under the circular dated 10.03.2017.

Ratio Decidendi: Employees engaged under the Panchayat Department are distinct from regular State Government employees; the circular dated 10.03.2017 is inapplicable to them, and the absorption policy explicitly restricts the grant of retroactive financial benefits.

Result: Appeal dismissed.

For Appellants	:	None
For Respondent-State	:	Mr. Prasun Kumar Bhaduri, Deputy Advocate General.

Judgment on Board

Per Ramesh Sinha, Chief Justice

07.04.2026

1 None appears nor is any representation on behalf of the appellants. Mr. Prasun Kumar Bhaduri, learned Deputy Advocate General, appearing for the State is present.

2 I.A. No.01 has been filed to condone delay of 26 days in preferring the present appeal.

3 On due consideration the grounds assigned in the application (I.A. No.01), the same is allowed. Delay of 26 days in preferring the present writ appeal is hereby condoned.

4 The present writ appeal is directed against the order dated 24.11.2025 passed by learned Single Judge of this Court in WPS No.10743/2025, whereby writ petition filed by petitioners was dismissed.

5 Learned State counsel submits that the issue involved in this writ appeal has already been considered and decided by this Court vide judgment dated 13.03.2026 in Writ Appeal No.191/2026, whereby this Court has held as under:-

“10. This Court while dismissing the writ appeal filed by writ appellants has observed as under:-

“The entire controversy revolved around the Circular dated 10.03.2017 issued by the State Government with respect to the grant of Kramonnati Vetanman to the Assistant Teachers. It is neceSSAry to notice here the circular dated 10.03.2017, which reads as under:

छत्तीसगढ़ शासन

सामान्य प्रशासन विभाग

मंत्रालय

महानदी भवन, नया रायप्र

क्रमांक एफ 10-1/2008/1-3 नया रायपुर दिनांक 10/03/2017

प्रति,

शासन के समस् त विभाग,

अध्यक्ष, छत्तीसगढ़ राजस् व मण्डल, बिलासपुर

समस्त विभागाध्यक्ष,

समस्त संभागायक्तु

समस्त कलेक्टर्स,

छत्तीसगढ़

विषय :- सहायक शिक्षकों को कमोन्नति व ेतनमान प्रदाय किए जानेबाबत्।

संदर्भ :- इस विभाग का समसंख्यक परिपत्र दिनांक 24.04.2006.

-00-

इस विभाग के संदर्भित परिपत्र द्वारा शिक्षक संवर्ग में सहायक शिक्षक, शिक्षक तथा व्याख्याता को सामान्य प्रशासन विभाग के परिपत्र कमांक एफ 1-1/1/वेआप्र/99, दिनांक 17.03.1999/19.04.1999 में निहित शर्तों के अध्यधीन प्रथन कमोन्न ति 12 वर्ष बाद तथा द्वितीय क्रमोन्न ति 24 वर्ष बाद प्रदान किया गया है। वित्त विभाग के ज्ञापन कमांक 216/सी-2802/10/वित्त/नियम/धार, दिनांक 04.08.2010 (वित्त निर्देश 32/2010) द्वारा क्रमोन्नति योजना को संशोधित कर शिक्षक तथा व्याख्या ता संवर्ग को प्रथम उच्चतर समयमान व ेतनमान 10 वर्ष बाद एवं द्वितीय उच्चतर समयमान व ेतनमान 20 वर्ष बाद देने का निर्णय लिया गया है।

2/अतएव उपरोक्त निर्णय के परिप्रेक्ष्य में राज्य शासन द्वारा निर्णय लिया गया हैकि इस विभाग के संदर्भित परिपत्र दिनांक 24.04.2006 की कं डिका-2 में "सहायक शिक्षक" को प्रथम कमोन्न ति 10 वर्ष बाद एवं द्वितीय क्रमोन्न ति 20 वर्ष बाद प्रदान की जाए।

3/उपरोक्त निर्णय के संबंध में यह स्पष्ट किया जाता है कि कमोन्नति की देयता तिथि के अनुसार केवल काल्पनिक व ेतन निर्धारण किया जाएगा एवं किसी प्रकार के ए रियर्सदेय नहीं होंगे।

4/यह आदेश वित्त विभाग के कम्प्यूटर कमांक एफ 2017-01-01093 दिनांक 09.02.2017 द्वारा दी गई सहम ति के आधार पर जारी किया गया है।

छत्तीसगढ़ के राज्यपाल के नाम से तथा आदेशानुसार,

(एम.आर.ठोकूर) अवर सचिव,

छत्तीसगढ़ शासन

सामान्य प्रशासन विभाग

17. From perusal of the contents of the circular dated 10.03.2017, it is quite vivid that the Assistant Teachers, who were in Government service, are to be granted first Kramonnati Vetanman after 10 years of their service and second Kromonnati Vetanman after 20 years of their service, and the teachers and lecturers are to be granted first time-bound pay scale after 10 years of service and second time-bound pay scale after 20 years of service.

18. From Para-8.8 of the writ petition, undisputedly the petitioners have been appointed to the post of Shiksha Karmi Grade-III/Grade-II between the period of 2008 and 2013. It is also relevant to notice here paragraph 8.8 of the writ petition, which reads as follows:

“8.8 Between 2008-2013, the Chief Executive Officer of Janpad Panchayat appointed the Petitioners in the post of Assistant Teacher Shikshakarmi Grade-3/Teacher- Shikshakarmi Grade 2. After completion of 2 years from the date of joining, the Petitionerswho were appointed as Assistant Teachers were Regularization

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2026 Supreme(Online)(Chh) 9625

Cases Referred (1)