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2025 DAILYLAW 13876 (CHH)

Smt. Maheshwari Banjare v. State Of Chhattisgarh

WPS/5278/2017 · 2025-04-29

Shri Rakesh Mohan Pandey

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Judgment text

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2025:CGHC:19445 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5278 of 2017 1 - Smt. Maheshwari Banjare W/o Lakhan Lal Aged About 34 Years Government Model Primary School , Jaijaipur District Janjgir Champa Chhattisgarh. , Chhattisgarh 2 - Smt. Girija Rai W/o Ramsingh Rai Aged About 33 Years Government Model Primary School , Jaijaipur District Janjgir Champa Chhattisgarh. , District : Janjgir-Champa, Chhattisgarh 3 - Yadram Khatarjee, S/o Jidhanlal Aged About 46 Years Government Primary Schjool , Bhanthapara Chisda , District Janjgir Champa Chhattisgarh. , District : Janjgir-Champa, Chhattisgarh 4 - Parmeshwar Lal Chandra , S/o Chindamani Chandra Aged About 45 Years Government Unnayan Primary School , Satnam Para Lusar, District Janjgir Champa Chhattisgarh. , District : Janjgir-Champa, Chhattisgarh 5 - Shaktima Chandra W/o Bhekhlal Chandra, Aged About 37 Years Government Model Primary School , Jaijaipur District Janjgir Champa Chhattisgarh. , District : Janjgir-Champa, Chhattisgarh 6 - Parmanand Sahu S/o Ganga Prasad Sahu Aged About 43 Years Government Primary School , Kranti Chowk Chisda District Janjgir Champa Chhattisgarh. , District : Janjgir-Champa, Chhattisgarh 7 - Sunder Lal Shrivas S/o Shri Dashrath Lal Shrivas Aged About 37 Years Government Primary School , Gunjiyabod District Janjgir Champa Chhattisgarh. , District : Janjgir-Champa, Chhattisgarh 8 - Marulal Ram S/o Sukharu Ram Aged About 46 Years Government Primary School , Vidyut Nagar Hasaud District Janjgir Champa Chhattisgarh. , District : Janjgir-Champa, Chhattisgarh 9 - Shivcharan Ratre S/o Thuthawaram Ratre Aged About 46 Years Government Unnayan Primary School , Bhatmahul District Janjgir Champa Chhattisgarh. , District : Janjgir-Champa, Chhattisgarh 10 - Firturam Yadav S/o Manglu Ram Yadav Aged About 45 Years Government Primary School , Domadih District Janjgir Champa Chhattisgarh. , District : Janjgir-Champa, Chhattisgarh 11 - Roshani Banjare D/o Chetan Singh Government Boys Primary School , Odekera District Janjgir Champa Chhattisgarh. , District : Janjgir-Champa, REKHA SINGH Digitally signed by REKHA SINGH -2- Chhattisgarh 12 - Naresh Kumar Rathour S/o Bodhram Rathour Aged About 42 Years Unnayan Primary School , Sirli , District Janjgir Champa Chhattisgarh. , District : Janjgir-Champa, Chhattisgarh 13 - Suresh Kumar Rajak S/o Tularam Aged About 33 Years Government Primary School , Raipura District Janjgir Champa Chhattisgarh. , District : Janjgir-Champa, Chhattisgarh 14 - Samaruram Jaiswal S/o Modalram Aged About 43 Years Unnayan Primary School , Sirli , District Janjgir Champa Chhattisgarh. , District : Janjgir-Champa, Chhattisgarh 15 - Ashyam Prasad Pandey S/o Bhushan Prasad Pandey Aged About 44 Years Unnayan Primary School , Saraipali District Janjgir Champa Chhattisgarh. , District : Janjgir-Champa, Chhattisgarh 16 - Chandu Lal Sahu S/o Hariram Aged About 33 Years Government Primary School , Bichhiya District Janjgir Champa Chhattisgarh. , District : Janjgir- Champa, Chhattisgarh 17 - Lambeshwar Prasad Ratre S/o Kanhaiyalal Aged About 36 Years Government Primary School , Hardi , District Janjgir Champa Chhattisgarh. , District : Janjgir-Champa, Chhattisgarh 18 - Smt. Sanyogita Ratre W/o Lambeshwar Ratre Aged About 32 Years Government Primary School , Hardi , District Janjgir Champa Chhattisgarh. , District : Janjgir-Champa, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Panchayat Rural Development Department Mahanadi Bhawan , Mantralaya Naya Raipur District Raipur Chhattisgarh., Chhattisgarh 2 - The Director , Directorate Panchayat , Indrawati Bhawan, Mahanadi Bhawan, Mantralaya Naya Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - The Chief Executive Officer, Jila Panchayat Janjgir District Janjgir Champa Chhattisgarh. , District : Janjgir-Champa, Chhattisgarh 4 - The Chief Executive Officer, Janpad Panchayat Jaijaipur District Janjgir Champa Chhattisgarh. , District : Janjgir-Champa, Chhattisgarh 5 - The Collector, Janjgir Champa District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 6 - The District Education Officer Janjgir - Champa District Janjgir Champa Chhattisgarh. , District : Janjgir-Champa, Chhattisgarh ---- Respondents For Petitioners : None appears even in two rounds. For State : Mr. Lav Sharma, PL For respondent No.3 : Mr. Shubham Mishra, Advocate holding the brief of Mr. Akhilesh Kumar, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 29.04.2025 1. The petitioners have filed this petition seeking the following relief(s) : “10.1 That, this Hon'ble Court may be kind enough in issuing a writ in the nature of mandamus, certiorari or likewise any other appropriate writ, commanding and directing the respondents to submit complete record related with the case for just and proper decision of the Hon'ble Court. 10.2 That, this Hon'ble Court may be kind enough in issuing a writ in the nature of mandamus, certiorari or likewise any other appropriate writ, commanding and directing to pass appropriate orders in view of the mandatory the provisions of the Chhattisgarh Teacher (Panchayat) Cadre Recruitment and Conditions of Service) Rules, 2012 and Panchayat Service (Discipline and Appeal) Rules, 1999 and also in view of the orders Annexure P/1 passed by this Hon'ble Court. 10.3 That, this Hon'ble Court may be kind enough in issuing a writ in the nature of mandamus, certiorari or likewise any other appropriate writ, commanding and directing the respondent-State to give all the advantage of promotion and Time Bound Wage Revision in favour of the petitioners from the date of their original application. 10.4 That, this Hon'ble Court may be kind enough in issuing a writ in the nature of mandamus, certiorari or likewise any other appropriate writ, commanding and directing the respondent-State to immediately disburse the provisional promotional wage revision in favour of -4- the case, looking to the provisions of law which mandates that the no person or Shiksha Karmis shall be entitled in the arrears to wage revision advantages. 10.5 That, this Hon'ble Court may be kind enough in issuing a writ in the nature of mandamus, certiorari or likewise any other appropriate writ, commanding and directing the respondent-State in the facts and circumstances of the case to do complete justice in favour of the petitioners. 10.6 Any other relief, which the Hon'ble Court deems fit and proper looking to the facts and circumstances of the case, may also be granted.” 2. The petitioners were appointed as Teacher (Panchayat). It is pleaded in the writ petition that in the year 2013, a circular was issued by the State Government to grant promotion to the Teacher (Panchayat) after completion of seven years of regular service. 3. The petitioners have prayed that a direction may be issued to the respondent authorities to consider the claims of the petitioners for promotion to the next higher post. 4. Mr. Sharma, the learned Panel Lawyer appearing for the State would submit that the services of the petitioners have already been absorbed in the School Education Department and the petitioners have not arrayed the said department in the present petition. 5. Heard the learned counsel appearing for the State. 6. Taking into consideration the fact that there is no representation on behalf of the petitioners and further, the petitioners have not arrayed the School Education Department as party respondent, therefore, this petition fails and is hereby dismissed. Sd/- (Rakesh Mohan Pandey) Judge Rekha