Smt. Rajmat Masiyare v. State Govt. Of Chhattisgarh
WPS/7132/2017 · 2025-07-20
Shri Rakesh Mohan Pandey
body2025
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[ 2025 DAILYLAW 2070 (CHH) · dailylaw.ai ]
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[ 2025 DAILYLAW 2070 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:34419
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7132 of 2017 Smt. Rajmat Masiyare W/o Shri Ramlal Masiyare Aged About 61 Years Head Mistress , Government Primary School Khairwahi Post And Thana Doundi . District Balod Chhattisgrh. , Chhattisgarh
... Petitioner(s) versus
1. State Govt. Of Chhattisgarh Through The Secretary School Education Department Mahanadi Bhawan New Raipur Chhattisgarh. , Chhattisgarh
2. District Education Officer , Balod District Balod Chhattisgarh.
... Respondent(s) For Petitioner : Mr. Somkant Verma, Advocate For State : Mr. Shubham Bajpai, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey
Order On Board 21-07-2025 1) Petitioner's earlier writ petition bearing WPS No. 2931 of 2016 where she had prayed for benefit of grant of regular pay scale from the date of initial appointment was disposed of vide order dated 15.07.2016 directing petitioner to approach the committee constituted by the State Government referred to in order dated 18.02.2015 passed in case of Gopal Ram Sonwani Vs. State of
2 Chhattisgarh & Anr. 2) Petitioner's representation has been dismissed vide order dated 16.11.2016 [Annexure P/1] on the ground that she was not appointed as Assistant Teacher, but in fact her initial appointment was as a trainee for a period of two years and was to be posted as teacher after one year of the training, therefore, she is not entitled to be granted benefit of regular pay scale. Similar plea has been raised in the return filed by the State. 3) Learned counsel for the petitioner submits that similarly placed teachers who were also appointed in the same manner as a trainee for the first year and thereafter as a teacher on successful completion of one year training have been granted benefit of regular pay scale after similar direction issued to the respondents in their respective writ petitions. He would submit that Poonadevi Mandavi, Bhagwati Ram, Khilanand abd Shivdayal were appointed by the same appointment order under which the petitioner was appointed in services and the said persons have been granted benefit of regular pay scale pursuant to directions issued by this Court in WPS No. 1242 of 2008. 4) Since, the teachers who were appointed by the same appointment
order by which the petitioner was also appointed on 30.06.1976 have already been granted benefit of regular pay scale, there is absolutely no justification for denying the said benefit to the petitioner. Having granted benefit of regular pay scale to similarly placed teachers, denial of the said benefit to the petitioner is in
3 violation of Article 14 of the Constitution of India. 5) Accordingly, the order dated 16.11.2016, to the extent by which the petitioner has been denied benefit of regular pay scale from the date of initial appointment is quashed. The petitioner is held entitled to the benefit of regular pay scale from the date of initial appointment. 6) The respondents shall do the needful within a period of three months from today. Accordingly, the writ petition stands allowed.
Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya Digitally signed by AJINKYA PANSARE Date: 2025.07.22 10:36:42 +0530