Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 11200 (CHH)

MOHIT KUMAR DEWANGAN v. STATE OF CHHATTISGARH

WPS/3422/2026 · 2026-04-20

Shri Parth Prateem Sahu

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 / 4 2026:CGHC:18015 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3422 of 2026 1 - Mohit Kumar Dewangan S/o- Shri Amar Lal Dewangan Aged About 59 Years Working As Lecturer At Govt Hr. Sec. School Dundera, District-Balod (C.G.) 2 - Shiv Kumar Sahu S/o- Shri Mana Ram Sahu, Aged About 57 Years Working As Lecturer At Govt Hr. Sec. School Dundera, District-Balod (C.G.) 3 - Govind Ram Bhuarya S/o- Shri Pandit Ram Bhuarya Aged About 57 Years Working As Lecturer At Govt Hr. Sec. School Rengadabri, District-Balod (C.G.) 4 - Munna Lal Gautam, S/o- Shri Makhan Singh Gautam Aged About 59 Years Working As Lecturer At Govt Hr. Sec. School Sankara/j, District-Balod (C.G.) 5 - Roopnarayan Deshmukh S/o- Shri Tujau Ram Deshmukh Aged About 57 Years Working As Lecturer At Govt Hr. Sec. School, Jhalmala, District-Balod (C.G.) 6 - Shiv Kumar Shandilya S/o- Shri Khamman Lal Shandilya Aged About 58 Years Working As Lecturer At Govt Middle School Piparchhedi, Balod, District-Balod (C.G.) 7 - Subhash Kumar Nayak S/o- Shri Chandu Lal Nayak, Aged About 59 Years Working As Lecturer At Govt Hr. S. S. Latabod, District-Balod (C.G.) 8 - Smt. Maheshwari Deshmukh W/o- Shri Subhrat Kumar Deshmukh Aged About 57 Years Working As Assistant Teacher (L.B.) At Govt. Primary School Kolatola, District-Balod (C.G.) 9 - Smt. Saraswati Upaddhyay. W/o- Shri Vijay Kumar Upaddhyay. Aged About 57 Years Working As Teacher (L.B.)at Govt. Middle School Khamtarai, District-Balod (C.G.) 2 / 4 10 - Smt. Umababy Tiwari W/o- Shri Lalit Kumar Tiwari, Aged About 57 Years Working As Teacher (L.B.) At Govt. Middle School Marri, District-Balod (C.G.) 11 - Kishan Lal Yadav S/o- Shri Man Singh Yadav , Aged About 61 Years Working As Lecturer At Govt. Hr. S.S. Salhe, District - Balod (C.G.) 12 - Bishe Lal Sahu S/o- Shri Ghana Ram Sahu Aged About 59 Years Working As Lecturer At Govt. Hr. S.S. Pateli, District - Balod (C.G.) 13 - Domar Singh Sahu, S/o Shri Ram Prasad Sahu Aged About 58 Years Working As Lecturer At Govt. Hr. S.S. Salhe, District - Balod (C.G.) 14 - Lekhram Sonboir S/o- Shri Prem Singh Sonboir Aged About 59 Years Working As Lecturer At Govt. Hr. S.S. Bital, District - Balod (C.G.) 15 - Arti Das Manikpuri W/o- Shri Dhuneshwar Das Manikpuri Aged About 60 Years Working As Lecturer At Govt. Hr. S.S. Sambalpur, District - Balod (C.G.) 16 - Smt. Lalita Yadav W/o- Shri H.L.Yadav Aged About 64 Years Near Bas Stand, Balod District-Balod (C.G.) ... Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary,school Education Department, Mahanadi Bhawan, Atal Nagar Nava Raipur, District-Raipur (C.G.) 2 - The Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District-Raipur (C.G.) 3 - Director, Directorate Chhattisgarh Public Instruction, Indrawati Bhawann, Atal Nagar, Nava Raipur, District-Raipur (C.G.) ... Respondent(s) For Petitioner : Mr. Somkant Verma, Advocate For Respondents : Mr. Purvi Tiwari, P.L. HON'BLE SHRI PARTH PRATEEM SAHU, JUDGE ORDER ON BOARD 21.04.2026 1. Petitioners have filed this petition seeking following reliefs: “10.1 That, this Hon'ble Court may kindly be pleased to direct the respondents to consider case of the petitioners for grant of pensionary benefit under the old pension Scheme governed by the pension rules, 1976 from their 3 / 4 initial date of appointment, within stipulated period. 10.2 That, this Hon'ble court may kindly be pleased to pass similar order passed in writ petition 2192/2026 in matter of Ainul Haque Ansari Vs State of Chhattisgarh & others dated 03.03.2026. 10.3 Any other relief, which this Hon'ble Court may deem fit..” 2. Learned counsel for the petitioners submits that petitioners were earlier appointed as Shikshakarmi Grade-III/Teacher (Panchayat). Pursuant to Policy formulated by the State Govt. services of all the Shikshakarmis were absorbed in the School Education Department in the year 2018. Petitioner No. 16 while working on the post of Lecturer, Higher Secondary School stood retired and petitioners No. 1 & 15 are still working as Teacher & Lecturer (Local Body). He submits that petitioners have filed this writ petition raising their grievance that petitioner No. 16 is not being paid pension, stating that she has not completed 10 years of service, after absorption. Similarly, petitioners No. 1 & 15 are also apprehending that they will also not be given pension for want of completion of requisite period of service in the School Education Department. He submits that similarly situated persons have filed writ petitions bearing WPS No.777 of 2021 and other connected matters, which came up for hearing before coordinate Bench of this Court, which was disposed of directing respondents to consider claim of petitioners based on observation made in the order and therefore this writ petition may also be disposed of in terms of order passed in WPS No.777 of 2021 and other connected matters. 3. Learned counsel for the State submits that she is not disputing the submission of learned counsel for the petitioners to the extent of disposal of WPS No.777 of 2021. She however submits that petitioners 4 / 4 have filed this writ petition with delay. 4. Learned counsel for the petitioners submits that there is no delay in filing of writ petition as, petitioner No. 16 retired in the month of January 2025 and petitioners No. 1 & 2 are still working. 5. I have heard learned counsel for the parties and also perused the documents annexed along with this writ petition. 6. WPS No.777 of 2021 and other connected matters was disposed of on 17.02.2026 observing thus: “47. The State Government is accordingly expected to take a conscious, reasoned and categorical decision on the issue, including the question as to whether and to what extent the service rendered by the petitioners as Shikshakarmis prior to absorption in the School Education Department merits consideration for pensionary purposes, including the requirement of completion of ten years of qualifying service from 01.07.2018. Such decision shall be finalized and communicated via a speaking order within a strict period of 120 days from the date of receipt of this order. It is expected that authorities would consider the observations made herein above. 48. Needless to observe that any such decision shall be informed by relevant considerations, shall eschew arbitrariness, and shall conform to the constitutional guarantees of fairness, non-discrimination, and proportionality.” 7. Considering the submission of learned counsel for the parties, this writ petition is also disposed of in terms of order dated 17.02.2026 passed in WPS No.777 of 2021 and other connected matters. Sd/- (Parth Prateem Sahu) Saurabh JUDGE