1 2026:CGHC:13689 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3394 of 2021 1 - Loknath Meher S/o Shri Pitamber Meher Aged About 59 Years Presently Posted As Head Master (Primary) At Government Primary School, Arjunda, Block- Saraipali, Tahsil- Saraipali, District- Mahasamund, R/o Village- Toresiha, P.O.- Toresiha, Tahsil- Saraipali, District- Mahasamund, Chhattisgarh., District : Mahasamund, Chhattisgarh 2 - Janki Chauhan D/o Shri Madhav Chauhan Aged About 58 Years Presently Posted As Head Master ( High Primary) At Government High Primary School, Chindpali, Block- Saraipali, Tahsil- Saraipali, District- Mahasamund, R/o Village- Chindpali, P.O.- Cattigirola, Tahsil- Saraipali, District- Mahasamund, Chhattisgarh., District : Mahasamund, Chhattisgarh 3 - Ram Prasad Nayak S/o Shri Sukhi Ram Aged About 59 Years Presently Posted As Head Master (Primary) At Government Primary School, Podapali, Block- Saraipali, Tahsil- Saraipali, District- Mahasamund. R/o Village- Bijatioli, P.O.- Kendua, Tahsil- Saraipali, District- Mahasamund, Chhattisgarh., District : Mahasamund, Chhattisgarh 4 - Asharam Yadav S/o Shri Manbodh Yadav Aged About 56 Years Presently Posted As Head Master (Primary) At Government Primary School, Jalpur, Block- Saraipali, Tahsil- Saraipali, District- Mahasamund. R/o Village- Navrangpur, P.O- Paatsendri, Tahsil- Saraipali, District- Mahasamund, Chhattisgarh., District : Mahasamund, Chhattisgarh 5 - Narayan Prasad Manjhi S/o Shri Bhagirath Manjhi Aged About 58 Years Presently Posted As Upper Division Teacher At Government Primary School, Bardoli, Block- Saraipali, Tahsil- Saraipali, District- Mahasamund. R/o Village- Bardoli, P.O.- Paatsendri, Tahsil- Saraipali, District- Mahasamund, Chhattisgarh., NIRMALA RAO 2 District : Mahasamund, Chhattisgarh 6 - Jogeshwar Pradhan S/o Shri Neetai Pradhan Aged About 60 Years Presently Posted As Upper Division Teacher At Government High Primary School, Bhuthiya, Block- Saraipali, Tahsil- Saraipali, District- Mahasamund. R/o Village- Toresiha, P.O.- Toresiha, Tahsil- Saraipali, District- Mahasamund, Chhattisgarh., District : Mahasamund, Chhattisgarh 7 - Puroshotam Pradhan S/o Shri Gandhi Pradhan Aged About 60 Years Presently Posted As Upper Division Teacher At Government High Primary School, Pajhrapali, Block- Saraipali, Tahsil- Saraipali, District- Mahasamund, Tahsil- Saraipali, District- Mahasamund, R/o Village- Gohirapali, P.O.- Toresiha, Tahsil- Saraipali, District- Mahasamund, Chhattisgarh., District : Mahasamund, Chhattisgarh 8 - Piteshwar Upadhyay S/o Shri Vasudev Upadhyay Aged About 56 Years Presently Posted As Upper Division Teacher At Government High Primary School, Umariya, Block- Basna,tahsil- Basna, District- Mahasamund, R/o- Village Kankeba, P.O. Bhanvarpur, Tahsil- Saraipali, District- Mahasamund, Chhattisgarh., District : Mahasamund, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Department Of School Education, Mantralaya, Naya Raipur,raipur,chhattisgarh., District : Raipur, Chhattisgarh 2 - Director Directorate Of Public Instructions Indrawati Bhawan, Block- Iii, 1st Floor, Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - District Education Officer Mahasamund, District- Mahasamund, Chhattisgarh., District : Mahasamund, Chhattisgarh 4 - Block Education Officer Saraipali, Mahasamund, District- Mahasamund, Chhattisgarh., District : Mahasamund, Chhattisgarh 5 - Block Education Officer Basna, Mahasamund, District- Mahasamund, Chhattisgarh., District : Mahasamund, Chhattisgarh ... Respondent(s) 3 (Cause Title is taken from Case Information System) For Petitioner/s : Shri Ishan Verma, Advocate. For Respondent/State : Shri Keshav Gupta, G.A. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 23 .03.2026 1. The petitioners have filed this petition seeking the following reliefs: “10.1 That this Hon'ble Court may kindly be pleased to call the relevant service records of the petitioners; 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondents to consider the seniority of the petitioners from their initial date of appointment; 10.3 That, this Hon'ble Court may kindly grant any other writ/ writs, order/orders, relief/ reliefs 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 petitioner.” 2. Learned counsel appearing for the petitioners submits that the petitioners were initially appointed as Lower Division Teachers vide orders dated 27.9.1983 (petitioners No.1,3,5,6,7,8), 8.3.1983 (petitioner No.2) & 3.3.1984 (petitioner No.4). Later on, their services were discontinued. He argues that multiple original applications were filed before the learned State Administrative Tribunal, pursuant to which directions were issued to the respondent authorities to reconsider the names of the petitioners for appointment. He further submits that a committee was constituted, and thereafter, the petitioners were reappointed to the post of Lower Division Teacher by the Deputy Director, Public Instruction vide orders dated 30.12.1997 & 4 26.8.1998. He contends that the conditions endorsed in the appointment orders clearly state that the services of the petitioners as Lower Division Teachers were to be considered as continued from the date of their initial appointment with the stipulation that they would not be entitled to salary for that period. He submits that the petitioners are retired teachers and have made representations before the respondent authorities to count their earlier service for the purpose of pensionary benefits; however, those representations have not been decided by respondent No. 1. He argues that the respondents have taken into account clause No. 2 of the appointment order dated 30.12.1997. 3. On the other hand, Mr. Keshav Gupta, learned Government Advocate appearing for the State submits that there was a break in the services of the petitioners as they were removed from the post of Lower Division Teachers and were later reappointed as fresh appointees, therefore, they have no right to claim continuity of service or inclusion of their earlier service for pensionary benefits. He states that several original applications were earlier filed before the learned Administrative Tribunal against the orders of discontinuation from services, and directions were issued to the respondent authorities to reconsider the claims of the petitioners. 4. I have heard learned counsel for the parties and perused the documents present on record. 5. The appointment order dated 30.12.1997, particularly Clause-II, reveals that earlier services of the petitioners were considered with stipulation that they would not be entitled to receive salary for the said period. This indicates that the earlier services rendered by the petitioners will 5 be counted for all purposes except salary. Respondent No.1, however, till date has not decided the representations made by the petitioners. Since the issue pertains to the claim of the petitioners for counting of services from the initial date of appointment has been decided by this Court in the matter of Shyamlal Nayak and Ors. vs. State of Chhattisgarh and Ors., in WPS No.834 of 2018. The concerned authorities are directed to consider the present case in light of the order passed in the said matter. 6. The respondent authorities are directed to consider the claims of the petitioners regarding pensionary benefits counting their earlier services, in accordance with law. 7. The entire exercise shall be completed within a period of six months from the date of receipt of a copy of this order. Sd/- (Rakesh Mohan Pandey) Judge Nimmi