1 2026:CGHC:21422 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3917 of 2026 1 - Bharat Lal Chandra S/o- Aghorilal Chandra Aged About 63 Years Retired As Head Master (Primary) From Govt. Primary School Salihaghat, Block Bilaigarh, Dist- Sarangarh - Bilaigarh Chhattishgarh 2 - Raja Ram Sahu S/o Late. Sudarshan Lal Sahu Aged About 65 Years Retired As Upper Division Teacher, Govt. Middle School Bafra, Block Khairagarh, Dist- Khairagarh - Gandai-Chhuikhadan Chhattishgarh 3 - Tuman Lal Sahu S/o Late. Nanku Ram Sahu Aged About 70 Years Retired As Head Master, Govt. Primary School Birejhar, Block Rajnandgaon, Dist - Rajnandgaon Chhattishgarh 4 - Nayan Das Sahu S/o Prem Das Sahu Aged About 65 Years Retired As Head Master (Primary ) From Govt. Primary School Madanpur, Block Khairagarh, Dist- Khairagarh - Gandai - Chhuikhadan Chhattishgarh SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2026.05.07 18:01:53 +0530 2 5 - Yuvraj Lal Sahu S/o Late. Mojee Ram Sahu Aged About 66 Years Retired As Head Master, Govt. Primary School Joratarai (Manghata) Block And Dist- Rajnandgaon Chhattishgarh 6 - Keshav Ram Sahu S/o - Late Narsingh Sahu Aged About 71 Years Retired As Upper Division Teacher From Govt. Middle School Maditarai, Block Dongargarh, Dist- Rajnandgaon Chhattishgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Department Of School Education, Mantralaya, Mahanadi Bhawan, Naya Raipur, Raipur (C.G.) 2 - Under Secretary Department Of School Education, Mantralaya, Mahanadi Bhawan, Naya Raipur, Raipur (C.G.) 3 - Director Directorate Of Public Instruction Block-C, Indrawati Bhawan Atal Nagar Raipur District Raipur (C.G.) ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) :Shri Mateen Siddiqui, Advocate along with Shri Abhyuday Tripathi, Advocate For Respondents/State :Shri Love Sharma, Panel Lawyer Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 07.05.2026 3 1. Petitioner has filed this writ petition seeking following reliefs:- 10.1 This Hon'ble Court may kindly be pleased to direct the respondent state to count the services of the petitioners from initial of appointment, for the purpose of paper seniority as per the circular dated 05.07.2007, thereby granting benefits from initial date of appointment. 10.2 This Hon'ble Court may kindly be pleased to direct the respondent state to decide the fresh representation of the petitioner in light of the order passed by the Hon'ble Court of this Hon'ble Court in the case of WPS No.834/2018 Shyam Lal Nayak & Ors Vs. State of Chhattisgarh order dated 06.01.2025. 10.3 This, Hon'ble Court may kindly be pleased to grant any other relief(s)/ order(s)/ writ(s) in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioners. 4 2. Learned counsel for petitioners submits that petitioners were appointed as Lower Division Teachers in the years 1981, 1982 and 1983 respectively. Subsequently, their services were discontinued and pursuant to the order passed by State Administrative Tribunal, petitioners were again engaged in services. He submits that petitioners have made several requests for counting their services which the petitioners raised prior to the appointment made in the year 1998, however, their claim/request have not been considered. He further submits that similarly situated teachers have approached this Court by filing of a writ petition bearing WPS No. 834 of 2018 which was allowed vide order dated 06.01.2025. Case of petitioners are also covered with the said decision and, therefore, similar relief may be granted. 3. Learned counsel for State submits that appointment orders of petitioners are not enclosed, so as to verify the date of appointment and conditions of appointment. 4. At this stage, learned counsel for petitioners submits that respondent authorities be directed to verify the facts and thereafter, to grant benefit of the period of service as ordered 5 by this Court in Shyam Lal Nayak & Ors. Vs. State of Chhattisgarh in WPS No. 834/2018. 5. In case of Shyam Lal Nayak (supra) following observations have been made in para 5 and 6:- "5. The appointment order dated 30.12.1997, particularly Clause-Il reveals that earlier services of the petitioners were considered, and it was stipulated that they would not be entitled to receive the salary for that period. This indicates that the earlier services rendered by the petitioners may be counted for all purposes except salary. Respondent no. 1, however, rejected the representations made by the petitioners without considering Clause-ll of the appointment order dated 30.12.1997. Consequently, Annexure P/1 is not sustainable and is hereby quashed. 6. The respondent authorities are directed to consider the claims of the petitioners regarding pensionary benefits counting their earlier services, in accordance with the appointment order dated 30.12.1997." 6 6. On due consideration of submission made by learned counsel for the respective parties, considering the facts and circumstances of the case and nature of grievances raised in this writ petition, I find it appropriate to dispose of this writ petition at this stage permitting petitioners to submit fresh representation raising all the grievances as raised in this writ petition before respondent no. 2 and 3 and in the event such representations are submitted, concerned authorities shall consider and take decision on the claim of petitioners in the light of order passed in case of Shyam Lal Nayak (supra), after verifying the facts within a further period of 03 months from the date of receipt of this Order. 7. With the aforesaid observation and direction, this writ petition is disposed of Sd/- (Bibhu Datta Guru) Judge Shoaib