Digitally signed YOGESH by YOGESH TIWARI TIWARI Date: 2026.03.14

2026:CGHC:11536 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8189 of 2023

1 - Aashkaran Joshi S/o Shri Devi Prasad Joshi Aged About 33 Years Presently Posted At Govt. Primary School Tikrapara, Dongargarh Block Chhuriya, R/o Village Narayangan, Tahsil Dongargarh, District :

Rajnandgaon, Chhattisgarh

2 - Dhannau Ram Chandravanshi S/o Shri Babulal Aged About 36 Years Presently Posted As Primary School Baniatola Block Chhuriya, R/o Village Jarhamarka, Post Shikari Mahaka, District : Rajnandgaon, Chhattisgarh

3 - Sanjay Kumar Korra S/o Shri Ramadhar Korram Aged About 39 Years Presently Posted At Govt. Primary School Matekheda Block Chhuriya, R/o Village Bankal Post Paneka, District : Rajnandgaon, Chhattisgarh

4 - Smt. Karuna Chandrakar S/o Shri Nand Kumar Chandrakar Aged About 40 Years Presently Posted At Primary School Anjora, Rajnandgaon, R/o Village Bharregaon, District : Rajnandgaon, Chhattisgarh ... Petitioners versus

1 - State of Chhattisgarh Through The Secretary, Department of Education, Mahanadi Bhawan, Atal Nagar, Raipur, District : Raipur, Chhattisgarh

2 - Director Directorate Public Education, Atal Nagar, New Raipur, District : Raipur, Chhattisgarh

3 - Joint Director Education Division- Durg, District : Durg, Chhattisgarh

4 - Collector Rajnandgaon, District : Rajnandgaon, Chhattisgarh

5 - Chief Executive Officer Zila Panchayat Rajnandgaon, District :

Rajnandgaon, Chhattisgarh

6 - District Education Officer Rajnandgaon, District : Rajnandgaon, Chhattisgarh

7 - Block Education Officer Chhuriya, District : Rajnandgaon, Chhattisgarh ... Respondents (Cause-title taken from Case Information System)

Hon’ble Shri Amitendra Kishore Prasad, Judge

Order on Board

10.03.2026

1. By way of the present petition, the petitioners seek to challenge the arbitrary and illegal action of the respondent–State authorities, particularly assailing the orders dated 19.08.2020 and 04.09.2023 (Annexure P/1) passed by respondent No. 6, whereby the representation submitted by the petitioners has been rejected and the earlier order dated 19.08.2020 cancelling the absorption order dated 01.07.2018 has been affirmed. By virtue of the said orders, the petitioners have been treated as absorbed w.e.f. 01.07.2019 and it has been directed that the period of eight years of service shall be counted from the date of joining at the posted school. Consequent thereto, recovery proceedings have also been initiated against the petitioners vide order dated 31.07.2021. The impugned action of the respondents has been taken without following due procedure of law and is wholly arbitrary, being prima facie contrary to the State Circulars dated 30.06.2018 and 06.07.2018, as well as based on an erroneous interpretation of the order dated 11.04.2023 passed by co-ordinate Bench of this Court in WPS No.3986/2020. Hence, the present petition.

2. The petitioners have filed this petition with the following relief(s) :-

“10.1 A writ and / or an order in the nature of writ of appropriate nature kindly do issue to the respondents authority and directed placed entire documents of the records before this Hon'ble court pertaining the case of the petitioners.

10.2 A writ and / or an order in the nature of writ of appropriate nature kindly do issue to the respondents authority and set aside the order dated 19.08.2020 and order dated 4.09.2023 Annexure P/1 in respect of the petitioners are being illegal and contrary to the state guideline in the facts and circumstances of the case.

10.3 A writ and / or an order in the nature of writ of appropriate nature kindly do issue to the respondents authority and consequences recovery order dated 31.07.2021 be set- aside in respect of the petitioners in the facts and circumstances of the case.

10.4 Any other relief in the direction of this Hon'ble Court.”

3. Learned counsel for the petitioners submits that the impugned orders passed by the respondent authorities are wholly arbitrary and contrary to th