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2026 DAILYLAW 14799 (CHH)

VIJAY KUMAR PATHAK v. STATE OF CHHATTISGARH

WPS/766/2026 · 2026-02-05

Shri Parth Prateem Sahu

body2026

Judgment text

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1 2026:CGHC:6697 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 766 of 2026 1 - Vijay Kumar Pathak S/o Late Baijnath Pathak Aged About 56 Years Post Head Master (Lb), Presently Posted At Govt. Middle School Semra, Block - Odgi, Janpad Panchayat - Odgi, District - Surajpur Chhattisgarh 2 - Arun Kumar Devdas S/o Shri Sunaram Aged About 45 Years Teacher, Presently Posted At Govt. Middle School Begaridand, Block - Odgi, Janpad Panchayat - Odgi, District - Surajpur Chhattisgarh 3 - Rishi Kumar Dhruv S/o Hemlal Dhruv Aged About 45 Years Teacher, Presently Posted At Govt. Middle School Chhaila, Block - Mainpur, District - Gariyaband Chhattisgarh 4 - Mandesh Kumar Jagte S/o Late Rameshwar Prasad Jagte Aged About 32 Years Assistant Teacher (Lb), Presently Posted At Govt. Primary School Paterapara, Block - Odgi, Janpad Panchayat - Odgi, District - Surajpur Chhattisgarh 5 - Shiv Kumari Singh W/o Shri Samarnath Singh Aged About 43 Years Assistant Teacher (L.B.), Presently Posted At Govt. Middle School Navgai, Block - Odgi, Janpad Panchayat - Odgi, District Surajpur Chhattisgarh 6 - Malechchha Kumar Khatkar S/o Ramkumar Khatkar Aged About 45 Years Teacher (Lb), Presently Posted At Govt. Middle School Navgai, Block - Odgi, Janpad Panchayat - Odgi, District Surajpur Chhattisgarh 7 - Ramprasad Singh S/o Late Ram Singh Aged About 52 Years Teacher ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2026.02.07 17:50:47 +0530 2 (Lb), Presently Posted At Govt. Middle School Devdhi, Block - Odgi, Janpad Panchayat - Odgi, District - Surajpur Chhattisgarh 8 - Bhagwat Singh Dhruv S/o Ram Sundar Singh Aged About 55 Years Teacher (Lb), Presently Posted At Govt. Middle School Kantipur, Block - Odgi, Janpad Panchayat - Odgi, District - Surajpur Chhattisgarh 9 - Heera Sai Pando S/o Gourishankar Pando, Aged About 36.Years, Assistant Teacher (Lb), Presently Posted At Govt. Primary School Pashchimpara, Begaridand, Block - Odgi, Janpad Panchayat - Odgi, District - Surajpur Chhattisgarh 10 - Ram Lavkush Pando S/o Ramswaroop, Aged About 53 Years,Head Master, Presently Posted At Govt. Primary School Redhiyapara, Block - Odgi, Janpad Panchayat - Odgi, District - Surajpur Chhattisgarh 11 - Rupesh Kumar Gendle S/o Shri Santram Gendle Aged About 44 Years Assistant Teacher (Lb), Presently Posted At Govt. Primary School Umapur, Block - Odgi, Janpad Panchayat - Odgi, District - Surajpur Chhattisgarh 12 - Smt. Mamta Pathak W/o Vijay Kumar Pathak Aged About 46 Years Assistant Teacher (L.B.), Presently Posted At Govt. Primary School Babhankon (Pasal), Block - Odgi, Janpad Panchayat - Odgi, District - Surajpur Chhattisgarh 13 - Rameshwar Prasad Jaiswal S/o Late Brijkumar, Aged About 48 Years, Teacher (Lb), Presently Posted At Middle School Paterapara, Block - Odgi, Janpad Panchayat - Odgi, District - Surajpur Chhattisgarh 14 - Manikchand S/o Shri Ramkishun Aged About 40 Years Assistant Teacher (Lb), Presently Posted At Govt. Primary School Nawatola, Block - Odgi, Janpad Panchayat - Odgi, District - Surajpur Chhattisgarh 15 - Smt. Nusha W/o Shri Manikchand Aged About 43 Years Assistant Teacher, Presently Posted At Govt. Primary School Sapaha, Block - Odgi, Janpad Panchayat - Odgi, District - Surajpur Chhattisgarh 3 16 - Smt. Kalpna Bari W/o Shri Rajendra Verma Aged About 45 Years Assistant Teacher (Lb), Presently Posted At Govt. Primary School Nawatola, Block - Odgi, Janpad Panchayat - Odgi, District - Surajpur Chhattisgarh 17 - Smt. Kamleshwari Joshi W/o Gris Kumar Banjare Aged About 38 Years Assistant Teacher (Lb), Presently Posted At Govt. Higher Secondary School Odgi, District - Surajpur Chhattisgarh 18 - Smt. Suganti Ekka D/o Itwar Say Ekka Aged About 38 Years Assistant Teacher (Lb), Presently Posted At Govt. Primary School Tomo, Block - Odgi, Janpad Panchayat - Odgi, District - Surajpur Chhattisgarh 19 - Smt. Mamta Ekka W/o Birendra Lakda Aged About 40 Years Assistant Teacher (Lb), Presently Posted At Govt. Primary School Kuberpur, Block - Odgi, Janpad Panchayat - Odgi, District - Surajpur Chhattisgarh 20 - Jeevan Sai Bakhla S/o Mungla Bakhla Aged About 40 Years Assistant Teacher (Lb), Presently Posted At Govt. Primary School Goutiyapara, Block - Odgi, Janpad Panchayat - Odgi, District - Surajpur Chhattisgarh 21 - Rajendra Kumar Lahiri S/o Late Gotilal Lahiri Aged About 53 Years Assistant Teacher (Lb), Presently Posted At Govt. Primary School Nawatola, Block - Odgi, Janpad Panchayat - Odgi, District - Surajpur Chhattisgarh 22 - Shankar Prasad S/o Mishrilal Aged About 44 Years Teacher (Lb), Presently Posted At Govt. Girls Middle School Biharpur, Block - Odgi, Janpad Panchayat - Odgi, District - Surajpur Chhattisgarh 23 - Anil Kumar Jaiswal S/o Vasudev Prasad Jaiswal Aged About 45 Years Assistant Teacher (Lb), Presently Posted At Govt. Primary School Sapaha, Block - Odgi, Janpad Panchayat - Odgi, District - Surajpur Chhattisgarh 24 - Ramjag Vaishya S/o Late Ramavtar, Aged About 59 Years, Head Master, Presently Posted At Govt. Middle School Nawgai, Block - Odgi, Janpad Panchayat - Odgi, District - Surajpur Chhattisgarh 4 25 - Balindar Singh S/o Baijnath Aged About 48 Years Assistant Teacher (Lb), Presently Posted At Govt. Middle School Semra, Block - Odgi, Janpad Panchayat - Odgi, District - Surajpur Chhattisgarh 26 - Shivbaran Gupta S/o Ramsurat Gupta, Aged About 75 Years, Lecturer, Presently Posted At Higher Secondary School Biharpur, Block - Odgi, Janpad Panchayat - Odgi, District - Surajpur Chhattisgarh 27 - Chakradhari Prasad Gupta S/o Shivcharan Gupta Aged About 45 Years Teacher, Presently Posted At Govt. Middle School Awantikapur, Block - Odgi, Janpad Panchayat - Odgi, District - Surajpur Chhattisgarh 28 - Lalit Vaishya S/o Late Ram Shankar Vaishya, Aged About 55 Years, Head Master, Presently Posted At Govt. Middle School Mokhapara (Khaira), Block - Odgi, Janpad Panchayat - Odgi, District - Surajpur Chhattisgarh 29 - Raghubeer Prasad Sahoo S/o Ramjee Sahoo Aged About 45 Years Head Master, Presently Posted At Govt. Primary School Mokhapara (Khaira) Block - Odgi, Janpad Panchayat - Odgi, District - Surajpur Chhattisgarh 30 - Ishwar Dayal Vaishya S/o Ramjalan Vaishya Aged About 45 Years Assistant Teacher (Lb), Presently Posted At Govt. Primary School Mokhapra (Khaira), Block - Odgi, Janpad Panchayat - Odgi, District - Surajpur Chhattisgarh 31 - Prabhunath Singh S/o Ramswaroop Singh, Aged About 53 Years, Head Master, Presently Posted At Govt. Primary School Rediyapara, Block - Odgi, Janpad Panchayat - Odgi, District - Surajpur Chhattisgarh ... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan Naya Raipur, District - Raipur, Chhattisgarh 5 2 - The Secretary Panchayat And Rural Development Department, Mahanadi Bhawan Naya Raipur, District - Raipur Chhattisgarh 3 - The District Education Officer District - Surajpur Chhattisgarh 4 - The Chief Executive Officer Zila Panchayat Surajpur, District - Surajpur Chhattisgarh 5 - The Chief Executive Officer Janpad Panchayat Odgi, District - Surajpur Chhattisgarh ... Respondents For Petitioner : Mr. Navneet Kumar Yadav, Advocate For Respondents/State : Mrs. Diksha Gauraha, Dy. Govt. Adv. Hon'ble Shri Justice Parth Prateem Sahu Order On Board 06/02/2026 1. Petitioner has filed this petition seeking following relief (s) :- “10.1 The Hon’ble Court may kindly be pleased to direct respondents to consider the case of the petitioners for grant of first, second and third Kramonnati Vetanman, from the date when petitioners completed 10 years, 20 years, 30 years of the service and grant all consequential, arrears and other benefit to the petitioners following from the grant of First Kramonnati, Second Kramonnati and Third Kramonnati. 10.2 That, any other relief which this Hon’ble Court deem fit and proper under the facts and circumstances of the case may also be passed in favor of the petitioners and the cost of the petition may be awarded in favor of the petitioners.” 6 2. Learned counsel for petitioner submits that petitioner is entitled for Kramonnati Vetanman in terms of decision in case of Sona Sahu Vs. State of Chhattisgarh, in W.A. No.261 of 2023, decided on 28.02.2024. 3. Learned State counsel opposes the submission of learned counsel for petitioner and would submit that case of the petitioner is different than that of case of Sona Sahu. Petitioner was earlier employee of Panchayat Department and thereafter, he was absorbed in Education Department pursuant to policy decision taken by State Government on 30.06.2018. Petitioner was not appointed as regular Assistant Teacher by School Education Department but was appointed by Janpad Panchayat. Coordinate Bench of this Court has considered the issue with regard to grant of Kramonnati Vetanman to such employee in WPS No.11009 of 2025 and other batch of writ petitions and has dismissed those writ petitions. 4. Petitioner upon asking do not dispute the submission of learned State counsel with respect to his initial appointment under Panchayat Department by Janpad Panchayat as also decision in WP(S) No.11009 of 2025. 5. Coordinate Bench of this Court while considering the batch of writ petitions lead case bearing WPS No. 11009 of 2025 with regard to grant of Kramonnati to petitioners therein, has dismissed the writ petitions and observed thus :- “35. Considering the facts of the case that the petitioners till absorption in pursuance of the policy dated 30.06.2018 are not teachers of the School Education Department, they were shikshakarmis though 7 their designation has been changed as Assistant Teacher (panchayat), Teacher (panchayat) and Lecturer (panchayat) respectively and they are governed by the separate rules framed under the Panchayat Raj Adhiniyam, 1993, therefore, the petitioners are not fulfilling the criteria as laid down in the circular dated 10.03.2017, the bunch of the writ petitions are liable to be dismissed, accordingly, they are dismissed.” 6. Since the facts of the case of petitioner as is identical to the facts of the case in WP(S) No.11009 of 2025 is not disputed, this petition is also dismissed in terms of order passed in WPS No.11009 of 2025 and other connected case decided on 24.11.2025. sd/- (Parth Prateem Sahu) Judge alfiza