Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:54730
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 318 of 2025 1 - Ku. Sabina Praveen Khan D/o Inayat Ulla Khan Aged About 52 Years Head Master Primary School At Ghonha, Block Bodla Kawardha, District-
Kabirdham
(C.G.) 2 - Ishwari Prasad Pater (Died And Deleted ) Through Lrs Nil 2.1 - Smt. Ratan Bai Patel W/o Late Ishwari Prasad Patel Aged About 59 Years R/o Minminiya Maidan Bodla District- Kabeerdham (C.G.) 3 - Suneel Kumar Dubey S/o Shri S.S. Dubey Aged About 53 Years Head Master Primary School At Chhapari, Block Bodla Kawardha, District
-Kabirdham
(C.G.) 4 - Smt. Sunita Sharma W/o Shri Rakesh Sharma Aged About 59 Years Head Master Primary School At Lalpurkala, Block Bodla Kawardha, District-
Kabirdham
(C.G.) 5 - Smt. Lata Talware W/o Shri Bahadur Talware Aged About 53 Years Head Master Tribal Girls Ashram Bokarkhar, Block Bodla Kawardha District- Kabirdham (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Education Department, Mantralaya, Mahanadi Bhawan, Nava Raipur Atal Nagar, District- Digitally signed by SHAYNA KADRI
2 Raipur
(C.G.) 2 - The Directorate Of Public Education Chhattisgarh, Indrawati Bhawan, Block-3, First Floor, New Raipur, Atal Nagar, Raipur (C.G.) 3 - The Director Chhattisgarh State Audit Block -I, Second Floor, Indravati Bhawan, Nava Raipur, Atal Nagar, Raipur (C.G.) 4 - The Deputy Director Chhattisgarh State Audit Bhavani Nagar, Basantpur,
Rajnandgaon
(C.G.) 5 - District Education Officer Kawardha, District- Kabirdham (C.G.) 6 - Block Education Officer Block Bodla, Kawardha, District -Kabirdham (C.G.)
... Respondent(s) For Petitioner(s) : Mr. Neeraj Choubey, Advocate For Respondent(s) : Mr. Rahul Tamaskar, Government Advocate Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board 10.11.2025
1. This review petition has been filed by the petitioner under Section 114 read with Order 47 Rule 1 of the CPC being aggrieved by the
order dated 18.08.2025 (Annexure A/1) passed in Writ Petition (S) No.8282 of 2023 and other connected matter Writ Petition (S) No.8274 of 2023 whereby this Court allowed the writ petition of the petitioner as a result of that order, the petitioner filed this instant review petition to partly modification of the order impugned herein. 3
2. Learned counsel for the petitioner/reviewer most respectfully submitted that the petitioners, who were initially appointed as Shiksha Karmi on 18.09.1998 and 01.07.1999 and subsequently regularized, had completed ten years of service by 2009 and were accordingly granted the Kramonnati pay scale of Rs. 4500-125- 7000 (later revised to 9300-34800 + Grade Pay 4200) with effect from 01.11.2011 pursuant to the policy decision of the State Government dated 02.11.2011 (Annexure-P/2) and the order dated 03.10.2013 (Annexure-P/3). Despite enjoying the Kramonnati pay scale from 01.11.2011 to September 2023, the respondents, vide letter dated 26.05.2023 (Annexure-P/13), raised an objection and directed the Block Education Officer (Respondent No.6) to revert their pay scale to 5200-20200 + Grade Pay 2400 without issuing any speaking order, subsequently demanding recovery of alleged excess payment through letter dated 20.10.2023. 3. Further submits that the petitioners challenged the validity of the said communications in W.P.S. No. 8282 of 2023 before this Hon’ble Court. During arguments before this Hon’ble Court on 18.08.2025, the petitioners relied upon the decisions in Smt. Sona Sahu vs. State of Chhattisgarh & Others
(W.A. No.
261/2023, decided 28.02.2024) and
Puran Singh Porte vs.
State of Chhattisgarh & Others
(WPS No. 9521/2023, decided
22.01.2025), wherein this Hon’ble Court held that teachers completing ten years of service are entitled to Kramonnati pay
4 scale along with all consequential benefits. The petitioners further filed written submissions (Annexure-A/2) substantiating their claim. It is respectfully submitted that the petitioners having duly completed ten years of service prior to 2010 and already enjoying the Kramonnati pay scale since 01.11.2011, are entitled to protection of the same along with all consequential benefits, and the impugned order dated 18.08.2025 requires partial modification in paragraph 14 to reflect this entitlement. It is, therefore, most humbly prayed that this Hon’ble Court may kindly allow the instant review petition and partly modify paragraph 14 of the said order to include the sentence: “The petitioners are entitled for protection of their Kramonnati pay scale along with all the consequential benefits.”
4.
Learned counsel for the State vehemently opposes the prayer advanced by learned counsel for the petitioner and submits that the this Court had considered all grounds of the petitioner and after hearing both the parties the impugned order was passed so this petition is liable to be dismissed. 5. I have heard both the counsel for the parties and perused the material available on record. 6. Having heard the learned counsel for both parties and perused the record, this Court finds that the review petition does not raise any substantial question of law or fact warranting interference. The order dated 18.08.2025 was passed after due consideration
5 and after affording full opportunity of hearing to the petitioners. 7. However, it is directed that the respondent authorities shall consider the case of each petitioner individually in accordance with paragraph 4 of the impugned order and pass appropriate orders with respect to the Kramonnati pay scale, while excluding the recovery of any alleged excess payments, as no adjudication has been made in the impugned order regarding recovery. The authorities concerned are expected to complete this exercise within a reasonable period of time. 8. In view of the above, the review petition is disposed of with the aforesaid directions. Certified Copy as per rules. Sd/-
(Amitendra Kishore Prasad)
JUDGE Shayna