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2025 DAILYLAW 57465 (CHH)

JAGMOHAN KOSALE v. STATE OF CHHATTISGARH

WPS/8351/2018 · 2025-07-03

Shri Rakesh Mohan Pandey

Public Interest Litigationbody2025

Judgment text

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1 2025:CGHC:30605 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8351 of 2018 1. Jagmohan Kosale S/o Shri Alakh Ram Kosale Aged About 29 Years Working As Assistant Teacher (L.B.) And Posted At Government Primary School Itwa, Block Masturi, District - Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 2. Miss. Lata Yadav D/o Shatruhan Prasad Yadav Aged About 40 Years Working As Lecturer (Panchayat) And Posted At Government Higher Secondary School Dagori, Block Bilha, District - Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 3. Jitendra Mahilange S/o Makon Singh Aged About 33 Years Working As Lecturer (Panchayat) And Posted At Government High School Kharkhod, District - Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through Secretary, Department Of Panchayat, Mahanadi Bhawan, Mantralaya New Raipur, District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2. Chief Executive Officer Zila Panchayat, Bilaspur District - Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 3. Chief Executive Officer Janpad Panchayat, Block Masturi, District - Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ... Respondent(s) For Petitioners : Mr. Vinod Sharma, Advocate For State : Mr. Topilal Bareth, P.L. For Respondent No. 3 : Mr. Manharan Lal Sahu, Advocate 2 Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 04-07-2025 1) By way of this petition, petitioners have sought following relief(s) :- (i) That, this Hon'ble Court may kindly be pleased to direct the respondent to modify circular dated 23.04.2016 and earlier service rendered in aided school may be counted for revised pay scale, in the interest of justice. (ii) That, this Hon'ble Court may kindly be pleased to extend the benefit of judgment passed in Shabnam Khatun Vs. State of C.G. for counting earlier service rendered in aided school, in the interest of justice. (iii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted. 2) Learned counsel for the petitioners submits that petitioners were initially appointed as Shiksha Karmi Grade–III, Grade–II and Grade–I in 100% government–aided school. He further submits that subsequently, petitioner No. 1 was appointed as Assistant Teacher (Panchayat) and petitioners No. 2 and 3 were appointed as Lecturer (Panchayat). He contends that circular issued by State of Chhattisgarh dated 23.04.2016 states that if any Teacher (Panchayat) appears for higher post after taking NOC from their department, his/her earlier service will be counted for grant of revised pay-scale. He further contends that petitioners rendered their service in 100% government–aided schools as Shiksha Karmis, who perform similar duties and receive salary and other 3 benefits from the fund given by State Government, therefore, a direction may be issued to respondent authorities to consider the earlier services rendered by the petitioners in 100% government – aided schools for purpose of grant of higher pay-scale. He also prays for a direction to respondent authorities to modify its circular and extend the benefit of circular to Teachers who rendered their service in 100% government–aided schools as Shiksha Karmis. 3) On the other hand, learned State counsel opposes. 4) Heard. 5) Circular of the State Government dated 23.04.2016 states that if any Teacher (Panchayat) appears for higher post after taking NOC from their department, his/her earlier service will be counted for revised pay-scale, however, the said benefit has not been extended to the Shiksha Karmis working in 100% government aided schools. 6) Accordingly, this petition is hereby being disposed reserving liberty in favor of petitioners to approach respondent authorities ventilating their grievance(s) by making separate representations before respondent authorities, who in turn are directed to decide the same expeditiously. However, it is made clear that this Court has not expressed any opinion on merits of the case. 7) With the aforesaid direction(s), this petition stands disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya Digitally signed by AJINKYA PANSARE Date: 2025.07.07 14:16:27 +0530