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2026 Supreme(Online)(Chh) 10897
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Ravindra Kumar Agrawal, J
Mangal Ram Usendi – Appellant
Versus
State of Chhattisgarh – Respondent
WA No. 310 of 2026
Important Points
Subject
Service Law - Pay Scale and Promotion
Act Referred
Chhattisgarh Panchayat Shiksha Karmi (Recruitment and Conditions of Service) Rules, 2007
Headnote
Facts of the case:
The appellants, formerly Shiksha Karmis under the Panchayat Department and subsequently absorbed as Teachers (L.B.) in the School Education Department, sought the benefit of time-bound pay scale (Kramonnati Vetanman) under a 2017 circular intended for state government employees. Their writ petition was dismissed by the Single Judge, leading to this intra-court appeal.
Findings of Court:
The Court found that petitioners were not government employees until 2018; their service conditions prior to absorption were governed by Panchayat rules. Consequently, they are ineligible for pay scales applicable to regular state government employees under the 2017 circular.
Issues: Whether Panchayat cadre employees, absorbed into the School Education Department, are entitled to pay scale benefits applicable to regular state government employees for their prior service.
Ratio Decidendi: Employees governed by specific Panchayat service rules cannot claim the status or benefits granted to regular State Government employees unless specifically provided by law, and parity cannot be claimed where factual foundations differ.
Result: Appeal dismissed.
For the Appellants/Petitioners: Ashok Patil
For the Respondents: Prasun Bhaduri
| Table of Content |
|---|
| 1. appellate court review of a dismissed writ petition regarding pay scale claims. (Para 1 , 2) |
| 2. application of previous court findings to identical cases regarding panchayat employee benefit eligibility. (Para 3 , 4) |
| 3. formal dismissal of the writ appeal based on previously established ratio. (Para 5) |
Judgment on Board
Per Ramesh Sinha, Chief Justice
21.04.2026
1. Heard Mr. Ashok Patil, learned counsel for the appellants. Also heard Mr. Prasun Bhaduri, learned Deputy Advocate General, appearing for the State.
2. The present intra Court appeal has been filed by the appellants against the order dated 24.11.2025 passed by the learned Single Judge in WPS No. 8779 of 2025 (Mangal Ram Usendi & Others vs. State of Chhattisgarh & Others), whereby the writ petition filed by the appellants/writ petitioners has been dismissed by the learned Single Judge.
3. It has been pointed out by learned counsel, appearing for the appellants as well as learned counsel appearing for the State that in an identical matter, this Bench had dismissed WA No. 193 of 2026 (Pushpalata Manikpuri & Others vs. State of Chhattisgarh & Others) vide order dated 13.03.2026, observing as follows :
“18. 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.
19. From pleadings made in 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 1998 and 2008. It is also relevant to notice here paragraph 8.8 of the writ petition, which reads as follows:
“8.8 Between 1998-2008, 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 Petitioners who were appointed as Assistant Teachers were regularised by the Chief Executive Officer of Janpad Panchayat and Teachers were regularised by the Chief Executive Officer of Zila Panchayat.”
20. When the petitioners in the present writ petition were appointed between 2008 and 2013, they had not completed 10 years of their service on the date when the Circular dated 10.03.2017 was issued.
21. From a bare perusal of the Circular dated 10.03.2017, it is abundantly clear that the said circular does not deal with or extend benefits to the Teachers belonging to the Panchayat Cadre, including Shiksha Karmi. The circular specifically provides for the grant of first-time-bound pay scale and second-time-bound pay scale to regular Government employees, in accordance with the earlier circulars issued by the State Government dated 17.03.1999/19.04.1999.
22. In the present case, the petitioners were working as Shiksha Karmi under the Panchayat Department, and the Shiksha Karmi were not the employees of the State Government until their absorption into the School Education Department pursuant to the policy decision of the State Government dated 30.06.2018. Before such absorption, their appointment, service conditions, and other benefits were governed by the statutory framework applicable to Panchayat employees, and not by the rules or circulars applicable to State Government employees.
23. Therefore, since the petitioners were admittedly the employees of the Panchayat Department before the absorption policy came into force, they cannot claim the status of a Government Servant for the purpose of seeking the benefit of time-bound pay scale or Kramonnati Vetanman under the Circular dated 10.03.2017. Their service conditions were governed by the Chhattisgarh Panchayat Shiksha Karmi (Recruitment and Conditions
