TRIYOGI NARAYAN SWARNAKAR v. STATE OF CHHATTISGARH
WPS/5632/2023 · 2025-11-05
Shri Amitendra Kishore Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 58333 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 58333 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:54199
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5632 of 2023 1 - Triyogi Narayan Swarnakar S/o Narmada Prasad, Aged About 60 Years Occupation -Assistant Teacher (L.B.), Government Primary Buniyadi School, Pandariya, District Kabirdham Chhattisgarh.
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Education Department, Mahanadi Bhawan, New Mantralaya Atal Nagar, Raipur District
Raipur
Chhattisgarh. 2 - District Education Officer Kabirdham, District Kabirdham Chhattisgarh. 3 - Chief Executive Officer, Jila Panchayat Kabirdham, District Kabirdham
Chhattisgarh. 4 - Block Education Officer, Blcok Pandariya, District Kabirdham Chhattisgarh.
... Respondent(s) For Petitioner(s) : Mr. Ashok Kumar Swanakar, Advocate For Respondent(s) : Mr. Devesh G. Kela, Panel Lawyer Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board 06.11.2025 ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA
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1. This petition has been filed by the petitioner seeking for the following relief(s):-
“10.1 This Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner for its kind perusal. 10.2 This Hon'ble Court may kindly be pleased to issue a writ/direction by commanding the respondents to give time bound increment (Kramonnati) to the petitioner, in the interest of Justice. 10.3 Any other relief or relief(s) which this Hon'ble Court may think proper in view of the facts and circumstances of the case may also kindly be granted.”
2. Learned counsel for the petitioner submits that the petitioner commenced his services in the respondents’ establishment in 2008 and has rendered more than 14 years of continuous and satisfactory service, which fact is undisputed between the parties. Despite such satisfactory service, the petitioner has not been granted the benefit of either promotion or time-bound increment (Kramonnati Vetanman) to which he is legally entitled. It is pertinent to mention that other similarly situated employees of the same department within the district had approached this Hon’ble Court, and by order dated 12.12.2018, this Hon’ble Court directed
consideration of their cases for grant of such benefits, which order squarely covers the petitioner’s case as well. However, the
3 respondent authorities, in an arbitrary and discriminatory manner, have failed to extend similar benefits to the petitioner, in gross violation of the applicable service rules, notifications, and guidelines. The petitioner, being similarly situated in terms of status, designation, nature and quality of work, and duties performed, cannot be denied equal treatment, and the denial of promotion or time-bound increment is thus unjust, arbitrary, and bad in the eyes of law.
3. Per contra, learned counsel appearing for the respondent–State submits that the State Government, vide order dated 14.11.2014, has taken a conscious decision that the petitioner and other similarly situated persons are not entitled to the benefit of Kramonnati Vetanman, as they have already been granted the pay-scale equivalent to that of Gramin Shikshak. It is therefore contended that, in view of the said Government Order, the present petition warrants no interference by this Court and is liable to be dismissed.
4. I have heard learned counsel for the parties and have perused the pleadings as well as the documents placed on record with due care and circumspection.
5. Upon perusal of the Government Order dated 14.11.2014, it is evident that the issue raised in the present petition stands concluded. In view thereof, nothing survives for adjudication in this petition.
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6. Accordingly, the writ petition, being devoid of merit, is dismissed. No order as to costs. Sd/- (Amitendra Kishore Prasad) Judge Saxena