YADUNANDAN PRASAD KAUSHIK v. THE STATE OF CHHATTISGARH
WPS/1048/2021 · 2025-05-05
Shri Bibhu Datta Guru
body2025
DailyLaw.ai
[ 2025 DAILYLAW 53962 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53962 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:20752
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1048 of 2021 1 - Yadunandan Prasad Kaushik S/o Shri Kunulal Kaushik Aged About 64 Years R/o Village And Post Semartal, Police Station- Koni, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh
... Petitioner versus 1 - The State Of Chhattisgarh Through Secretary Department Of School Education. Mahanadi Bhawan, Nawa Raipur, Atal Nagar, Raipur, Tahsil And District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - Director Public Instructions Raipur, Raipur, Tahsil And District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - The District Education Officer, Bilaspur, District- Bilaspur, Chhattisgarh,, District : Bilaspur, Chhattisgarh 4 - The District Education Officer, Ambikapur District - Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 5 - Divisional Joint Director, Treasury, Accounts And Pension Department, Bilaspur Division, Bilaspur District - Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Shrikant Kaushik, Advocate For Respondents/ State : Mr. Ajit Singh, Govt. Advocate SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.05.08 10:15:38 +0530
2 / 4 (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 06/05/2025
1. By the present writ petition, the petitioner, who is a retired Headmaster, is seeking a direction towards the respondent authorities to calculate the pension and other service benefits from the date of initial joining i.e. 14/03/1988 and also seeking a direction to consider the petitioner as Craft Teacher and give all consequential benefits by treating him as a Craft Teacher.
2.
Learned counsel for the petitioner submits that initially the petitioner was appointed as Craft Teacher vide order dated 29/01/1988 and the petitioner joined the service on 14/03/1988 but the respondents refused to accept his joining letter for which the petitioner moved an original application before the State Administrative Tribunal (SAT) bearing Original Application No.2635/1988 and the said original application was allowed by the SAT vide its order dated 07/06/1995 with a direction to the respondents to give joining to the petitioner. When the order of the SAT was not complied with, the petitioner filed a contempt petition before the High Court and ultimately the petitioner was permitted to join the service w.e.f. 04/02/1999 as Udyog Siksha Karmi Varg-
2. Thereafter, the petitioner preferred a writ petition before this Court bearing WPS No. 2154/2013 seeking salary and other consequential benefits for the period 14/03/1988 to 03/02/1999 and the said writ petition was decided vide order dated 30/08/2018 with an observation that the petitioner shall be entitled for all consequential benefits including arrears of salary and other
3 / 4 benefits attached to the post of Shiksha Karmi for the period between 14/03/1988 to 03/02/1999. He further submits that the petitioner being aggrieved by the said order dated 30/08/2018 by which the benefit of Shiksha Karmi was directed to be given for the period from 14/03/1988 to 03/02/1999 preferred a review but the same was withdrawn and the order dated 30/08/2018 in WPS No.2154/2013 attained into finality, however, the present writ petition has been filed by the petitioner seeking a direction towards the respondents authorities to treat him as Craft Teacher and give all the consequential benefits according to the post of Craft Teacher.
3.
Learned counsel appearing for the State by referring the order dated 04/08/2007 (Annexure P/7) submits that the State Government has passed this order pursuance to the order passed by this Court by granting appointment to the petitioner on the post of Craft Teacher w.e.f. 04/02/1999 and the order dated 04/08/2007 has not been challenged by the petitioner before any higher forum and after decision of the writ petition in WPS No.2154/2013, the present writ petition on the same ground will not be maintainable as the order passed in WPS No.2154/2013 has not been challenged by the petitioner before any higher forum.
4. I have heard learned counsel for the parties and perused the documents.
5. From perusal of the order dated 04/08/2007, it appears that the State Government has granted appointment to the petitioner on
4 / 4 the basis of the order passed by the SAT by appointing him to the post of Craft Teacher w.e.f. 04/02/1999. The petitioner has neither questioned the same by filing any writ petition nor approached any higher forum and ultimately he preferred the writ petition bearing WPS No. 2154/2013 seeking salary and consequential benefits for the period from 14/03/1988 to 03/02/1999 and the said writ petition was disposed of with an observation that the petitioner shall be entitled for all consequential benefits including arrears of salary and other benefits attached to the post of Shiksha Karmi for the period between 14/03/1988 to 03/02/1999. However, the petitioner never challenged the same before any higher forum though this Court has directed the respondent to treat the petitioner as Shiksha Karmi for the period from 14/03/1988 to 03/02/1999.
6. In view of the above and considering the fact that the order dated 04/08/2007 passed by the State Government has not been challenged before any higher forum as such the same attained into finality further the present writ petition seeking the relief of treating him as Craft Teacher from his initial date of appointment i.e. 14/03/1988 is not maintainable.
7. Accordingly, the present writ petition sans merits deserves to be and is hereby dismissed.
Sd/- (BIBHU DATTA GURU)
JUDGE $. Bhilwar