Digitally signed by RAMESH

2026:CGHC:14578 KUMAR VATTI Date: 2026.03.30

11:38:14 +0530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2992 of 2021 * - Jang Bahadur Gurung S/o Shri Aas Bahadur Gurung Aged About 58 Years Working As Assistant Teacher (Science) And Posted At Bharat Mata (H/M)

Higher Secondary School Bilaspur, District : Bilaspur, Chhattisgarh ... Petitioner Versus

1 - State Of Chhattisgarh Through Secretary, Department Of School Education , Mahanadi Bhawan, Mantralaya , Atal Nagar, New Raipur , District Raipur Chhattisgarh.

2 - Director Directorate Of Chhattisgarh, Public Instruction, Indravati Bhawan, Second Floor, Raipur , District Raipur Chhattisgarh.

3 - District Education Officer Bilaspur District Bilaspur Chhattisgarh.

4 - Principal Bharat Mata (MH) Higher Secondary School Bilaspur District Bilaspur Chhattisgarh.

... Respondents For Petitioner : Mr. G.P. Mathur, Advocate For Respondents No. 1 to 3 : Ms. Saumya Sharma, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey

Order on Board

27/03/2026

1. The petitioner has filed this petition seeking the following relief(s):-

“10(i) That, this Hon’ble Court may kindly be pleased to issue appropriate writ/ order/ direction including the writ of mandamus and directing the respondents to extend the benefits of the pension to the petitioner at par with the teachers of School Education Department, in the interest of justice.

10(ii) That, this Hon’ble Court may kindly be pleased to issue a appropriate writ/ order/ direction including the writ of mandamus and directing the respondents particularly respondent no. 1 to provide grant in aid to the institution of the petitioner for payment of special grant for pension to the petitioner, in the interest of justice.

10(iii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.”

2. It appears that the petitioner was a teacher working with Bharat Mata (M/H) High Secondary School, Bilaspur. His services are governed with CG Ashaskiya Shikshan Sanstha (Adhyapakon Tatha Anya Karmachariyon Ke Vetano Ka Sanday) Adhiniyam, 1978. The petitioner has claimed pension and other benefits at par with the government teachers.

3. Learned Panel Lawyer appearing for the respondents/State would submit that the petitioner was teacher working with Bharat Mata (M/H) High Secondary School, Bilaspur and said institution was getting grant- in-aid. She He would submit that as Adhiniyam of 1978 and Revised Rules for Grant In Aid To Non-Government Educational Institutions, 1979, the teachers of Ashaskiya Shikshan Sanstha are not entitled for pension.

4. Heard.

5. Issue involved in the present case is no more res-integra. The coordinate bench of this Court has passed the order in the matter of Ashok Kumar Hazra & Ors. Vs. State of Chhattisgarh & Ors. in WPS No. 2789 of 2017 and other connected matters, while dealing the the similar issue, in paragraphs no. 14 to 19, held as under:-

“14. On a specific query made, the petitioners failed to establish that there are any rules with regard to grant of pensionary benefits. Even the Government is granting aid to the schools only for the purpose of proper management and small funding and, as such, it cannot be said that the petitioners are also entitled for pensionary benefits at par with the government teachers.

15. It is well settled law that the Court cannot direct the legislature to enact a particular law for reason that under the constitutional scheme Parliament exercises sovereign power to enact law and no outside power or authority can issue a particular piece of legislation [See: Supreme Court Employees’ Welfare Association v Union of India Another (1989) 4 SCC

187].

16. Very recently the Supreme Court in the matter of Vikram Bhalchandra Ghongade vs. Headmistress Girls High School and Junior College, Anji (Mothi), Tahsil and District Wardha and Others reported in (2025) 10 SCC 248 = 2025 LiveLaw (SC) 696 categorically held that the posts in aided schools are either sancti