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1 NIRMALA

RAO

2026:CGHC:15496

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPS No. 4274 of 2021

1 - Smt. Veena Lahre (Smt. Veena Vikrant Singh) D/o Shri B.R. Lahre Aged About 44 Years W/o Dr. Vikrant Singh, R/o Vikrant Bhawan Jarhabhata, Bilaspur, District

Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Nava Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Secretary State Of Chhattisgarh, Local Administration Department Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - Commissioner Municipal Corporation, Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 4 - Director Directorate Of Public Education Indrawati Bhawan, Naya Raipur Chhattisgarh., District : Raipur, Chhattisgarh 5 - District Education Officer Bilaspur, District Bilaspur Chhattisgarh., District :

Bilaspur, Chhattisgarh ... Respondent(s)

(Cause Title is taken from Case Information System)

For Petitioner/s : Ms. Meena Shastri, Advocate.

For Respondent/ State : Shri Anil S. Pandey, G.A.

For Respondent No.3 : Shri Ashish Tiwari, Advocate.

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Hon'ble Shri Justice Rakesh Mohan Pandey

Order on Board

06 .04.2026

1. The petitioner has filed this petition seeking the following reliefs:

“10.1 This Hon'ble Court may kindly be pleased to issue an appropriate writ/direction/ order commanding the Respondent No. 02 & 03 to provide the financial benefits (Salary with increments and other benefits fixed for the promoted post "Teacher") from 15-07-2008 to 27-08-2018 to

the Petitioner with bank rate interests.

10.2 The Hon'ble Court further be pleased to issue an appropriate writ/direction/order commanding the Respondent No. 01, 04, 05 to provide the financial benefits (Salary with increments and other benefits fixed for the promoted post "Teacher") from 28-08-2018 to 04-05-2020 to the Petitioner

with bank rate interests.

10.3 Any other relief(s), which may deems fit, looking to the facts & circumstances of the case may be given to the

Petitioner.”

2. The petitioner was initially appointed as Shiksha Karmi Grade-III vide

order dated 8.2.1999 under respondent No.3/ Municipal Corporation, Bilaspur. The juniors to the petitioner were promoted to the post of Shiksha Karmi Grade-II vide order dated 15/18.07.2008. The petitioner filed WP(S) No.5244 of 2008 which was disposed of vide order dated 18.7.2019, wherein a direction was issued to the Municipal Corporation to consider and grant promotion to the petitioner to the post of Shiksha Karmi Grade-II at par with her juniors. The name of the petitioner was thereafter considered for promotion to the said post on 19.3.2020 (Annexure-P/1). In the said order, it was specifically observed that the

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petitioner would not be entitled to arrears and allowances attached to

the said post, applying the principle of “No Work No Pay”.

3. Learned counsel for the petitioner would submit that there was no fault

on the part of the petitioner or no departmental enquiry was pending against her, therefore, the inaction of the respondent authorities in not granting promotion to the petitioner was bad in law. Consequently, this Court in WP(S) No. 5244 of 2008 directed the respondent authorities to consider her claim for promotion to the post of Shiksha Karmi Grade-II. She would submit that the order of promotion issued by the Commissioner, Municipal Corporation, Bilaspur dated 19.3.2020, without extending monetary benefits, is bad in law. She has placed reliance on the judgment passed by the Hon’ble Supreme Court in the matter Union of India vs. K.V. Jankiraman, reported in 1991 LawSuit

(SC) 409.

4. On the other hand, learned counsel for the respondents would oppose

the submissions made by counsel for the petitioner. They would submit that the petitioner would be entitled to receive monetary benef