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2026 Supreme(Online)(Chh) 15105

HIGH COURT OF CHHATTISGARH AT BILASPUR


WPS No. 5047 of 2022


Anil Kumar Sahu S/o Govind Prasad Sahu Aged About 29 Years R/o Village Gidhouri, Post Dadar Kala, Tahsil Kartala, District Korba Chhattisgarh ... Petitioner

versus

1. State Of Chhattisgarh The Secretary, School Education Department, Mantralaya, Mahandi Bhawan Atal Nagar, Nawa Raipur District Raipur Chhattisgarh

2. Collector Korba, District Korba Chhattisgarh

3. District Education Officer Korba District Korba Chhattisgarh

4. Block Education Officer Korba District Korba Chhattisgarh

5. Head Master, Government Ashram Pre Middle School Lemaru, Block Korba, District- Korba (C.G.)

6. President Of Special School Management Committee, Ashram Pre Middle School Lemaru, Block Korba, District- Korba (C.G.) ... Respondent(s)


For Petitioner : Mr. Udhoram Koshley, Advocate

For State : Mr. Anmol Sharma, Panel Lawyer


Hon'ble Shri Justice Rakesh Mohan Pandey


30.04.2026

Order on Board

30.04 .2026

1. By way of this petition, the petitioner has sought the following relief(s):-

“10.1 That, this Hon'ble Court may kindly be pleased to issue a writ of mandamus, writ or writs, order or orders to respondents for directing the respondent authorities to pay the salary of petitioner from 05-11-2019 to 12-03-2020.

10.2 That, this Hon'ble Court may kindly be pleased to issue a writ of mandamus, writ or writs, order or orders to respondents for directing the respondent authorities to decide the representation dated 13-07-2020 and 19-07-2021 within stipulated time period.

10.3 That, the Hon'ble Court may kindly be pleased to grant any other relief, as it may deem-fit and appropriate.”

2. Learned counsel for the petitioner would submit that the petitioner was working as Guest Teacher (Mathematics) in the Government Ashram Lemaru, District Korba by virtue of order of appointment dated 18.10.2019. He would further submit that according to conditions enumerated in the order of appointment, the honorarium payable to the petitioner was Rs. 16,000/- per month but he has not been paid honorarium for period from 05-11-2019 to 12-03-2020.

3. On the other hand, learned counsel appearing for the State would submit that the petitioner was lacking requisite qualification. He would further submit that the respondents are ready to pay honorarium @ Rs. 4,000/- per month. He would submit that the petition is misconceived and deserves to be dismissed.

4. I have heard learned counsel for the parties and perused the documents placed on record.

5. Perusal of order of appointment would make it clear that the petitioner would be entitled to receive a sum of Rs. 16,000/- per month and he has not been paid honorarium for period from 05-11-2019 to 12-03-2020. The contention made by Mr. Anmol Sharma, Panel Lawyer cannot be accepted as the petitioner was appointed after due scrutiny of the documents with regard to his educational qualification. Deviation from conditions of order of appointment at subsequent stage is not permissible. Accordingly, the instant petition is disposed of reserving liberty in favour of the petitioner to make a representation before the respondents No. 2 to 4, and in turn, the said authorities are directed to consider the claim of the petitioner in light of the observations made herein-above within a period of 90 days from its receipt.

6. With the aforesaid observation(s), and direction(s), the instant petition is hereby disposed of

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