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2025 DAILYLAW 6519 (CHH)

TILAK RAM SAHU v. STATE OF CHHATTISGARH

WPS/875/2025 · 2025-01-30

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:5600 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 875 of 2025 1 - Tilak Ram Sahu S/o Patiram Sahu Aged About 53 Years Posted And Working As Teacher (L.B.) At Govt. Middle School Chivranj, Block- Kanker, Distt.- Kanker (C.G.) 2 - Smt. Sarojni Sahu W/o Anirudhd Kumar Sahu Aged About 42 Years Posted And Working As Lecturer (L.B.) At Govt. H.S. School Dhanapuri, Block- Gurur, Dist.- Balod (C.G.) 3 - Pramod Kumar S/o Dev Singh Aged About 37 Years Posted And Working As Lecturer (L.B.) At Govt. H.S. School Dhanapuri, Block- Gurur, Distt.- Balod (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Its Secretary, School Education Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 2 - State Of Chhattisgarh Through - Its Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 3 - Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, Naya Raipur, District- Raipur (C.G.) 4 - Joint Director Raipur, Division Raipur (C.G.) RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.02.05 15:53:34 +0530 2 5 - Joint Director Bastar, Division Bastar (C.G.) 6 - District Education Officer Balod, District Balod (C.G.) 7 - District Education Officer Kanker, District Kanker (C.G.) 8 - Chief Executive Officer Zila Panchayat, Balod, District - Balod (C.G.) 9 - Chief Executive Officer Zila Panchayat, Kanker, District Kanker (C.G.) 10 - Block Education Officer Block Gurur, District- Balod (C.G.) 11 - Block Education Officer Block Kanker, District Kanker (C.G.) 12 - Chief Executive Officer Janpad Panchayat Gurur, District - Balod (C.G.) 13 - Chief Executive Officer Janpad Panchayat Kanker, District- Kanker (C.G.) ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mr. Pramod Ramteke, Advocate For State/Respondent(s) : Mr. Kawaljeet Singh Saini, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 30/01/2025 1. Heard Mr. Pramod Ramteke, learned counsel for the petitioners as well as Mr. Kawaljeet Singh Saini, Panel Lawyer for the State/respondent/s. 2. By this petition, this petitioners have sought following relief(s) : “10.1 That, this Hon’ble Court may kindly be pleased to call the entire records in 3 related to the case of the petitioners from the possession of respondent for its kind consideration. 10.2 That, the Hon'ble Court may kindly be pleased to direct the respondent authority to consider the case of the petitioners for grant of benefits of Kramonnati Vetanmaan/Time pay scale on completion of 10 years of services in light of the circular dated 10.03.2017 issued by the State Govt. and order passed by the Division bench in case of Smt. Sona Sahu Vs. State of Chhattisgarh order dated 28.02.2024. 10.3 That, the Hon'ble Court may kindly be pleased to direct the respondent authority to give all benefits of petitioners including the arrears of pay with 18% interest per annum from the date of completion of 10 years of services till the actual payment of Kramonnati Vetanmaan within the stipulated period of 30 days. 10.4 That, the Hon'ble Court may kindly be pleased to disposed off the instant writ petition with similar order passed in the case of Smt. Sona Sahu Vs. State of Chhattisgarh & others in Writ Appeal No. 261/2023 order passed on 28.02.2024. 10.5 That, any other relief may also be granted to the petitioner which this Hon'ble Court deemed fit in facts and circumstances of the case.” 3. Learned counsel for the petitioners submits that the petitioners are initially appointed on the post of Shiksha Karmi by the State Government and the petitioners are performing his duty on the said place regularly and petitioners service are clean and no any inquiry has been conduct and thereafter the service has been 4 regularized after successfully completion of probation period. Presently, the petitioners have completed their 10 years of service on one post without getting any promotion and Kramonnati and worked on the same post of Shiksha Karmi. In this regards the State Govt. issued circular dated 10.03.2017 wherein clearly mentioned in para no. 2 the teachers who have completed their 10 years of services without getting any Promotion are entitled to get benefits of Kramonnati Vetanmaan. As the claim of the petitioners is with regard to grant of Kramonnati Vetanman after completion of 10 years of their service. Learned counsel for the petitioners further submits that with regard to grant of Kramonnati Vetanman some circular has also been issued by the respondent- State. Apart from this, Division Bench of this Court in case of Smt. Sona Sahu vs. State of Chhattisgarh and others in W.A. No.261 of 2023 has also considered the identical issue. The petitioners are also entitle for first Kramonnati Vetanman and second Kramonnati Vetanman. He further submits that at present this petition may be disposed of with liberty to the petitioners to make a representation to the respondents No. 2 & 3/competent authority in light of order passed by this Court in W.A. No.261 of 2023 dated 28/02/2024. 4. The prayer of the learned counsel for the petitioners has been opposed by the learned State counsel. 5. Be that as it may, looking to the limited prayer made by learned 5 counsel for petitioners, this petition at this stage is disposed of permitting the petitioners to make representation raising all grounds as raised in this writ petition before respondents No. 2 & 3/competent authority annexing all relevant documents and judgment of this Court passed in W.A. No.261 of 2023. On such representation being made, it is expected that the respondents No.2 & 3/competent authority shall consider and decide the same in accordance with law considering the circular(s) issued in this regard, in light of judgment of this Court in W.A. No.261 of 2023 within further period of 04 months from the date of receipt of such representation. It is made clear that this Court has not expressed any opinion on merits of this case, it is for the respondents No. 2 & 3 to consider the claim of petitioners on its own merits. 6. With this observation, the writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi