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2026 DAILYLAW 18962 (CHH)

SHIV KUMAR SARTHI v. STATE OF CHHATTISGARH

WPS/349/2021 · 2026-05-13

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 2026:CGHC:22973 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 349 of 2021 1 - Shiv Kumar Sarthi S/o Sunderlal Sarthi Aged About 47 Years Working As Assistant Teacher (L.B.), Govt. Primary School Kauwatal, Block Masturi, District Bilaspur Chhattisgarh --- Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh 2 - The Chief Executive Officer Zila Panchayat Bilaspur Chhattisgarh 3 - The Chief Executive Officer Janpad Panchayat Masturi District Bilaspur Chhattisgarh 4 - The Block Education Officer Masturi District Bilaspur Chhattisgarh 5 - The Joint Director Local Fund Audit Joint Director, Zila Panchayat Parisar Bilaspur District Bilaspur Chhattisgarh --- Respondent(s) WPS No. 1887 of 2021 1 - Dhansai Nag S/o Mahadev Nag Aged About 37 Years Working As Assistant Teacher (L. B.), Govt. Boys Ashram, Urmapal, Block Chhindgarh District Sukma Chhattisgarh 2 - Jagannath Singh Nag S/o Maniram Nag Aged About 36 Years Working As Assistant Teacher (L. B.), Boys Potacabin, Block Chhindgarh District Sukma Chhattisgarh 3 - Prabhunath Goyal S/o Jugdhar Goyal Aged About 40 Years Working As Assistant Teacher (L. B.), Primary School Muriyapara Netanar, Block Chhindgarh District Sukma Chhattisgarh 4 - Ishwar Singh Kashyap S/o Late Shri Pardeshi Kashyap Aged About 44 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Kanjupani, Block Chhindgarh District Sukma Chhattisgarh 5 - Tularam Bhandari S/o Mahadev Bhandari Aged About 39 Years Working As REKHA SINGH -2- Assistant Teacher (L. B.), Govt. Primary School, Oler , Block Chhindgarh District Sukma Chhattisgarh 6 - Arvind Kumar Kashyap S/o Shri M. R. Kashyap Aged About 45 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Paremapara (Pakela), Block Chhindgarh District Sukma Chhattisgarh 7 - Laxminath Baghel S/o Manjhiram Baghel Aged About 45 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Kodripal, Block Chhindgarh District Sukma Chhattisgarh 8 - Jagdev Singh Baghel S/o Late Shri Sukha Ram Baghel Aged About 45 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Gufanpal, Block Chhindgarh District Sukma Chhattisgarh 9 - Prahlad Singh Thakur S/o Late Lachhindar Singh Thakur Aged About 46 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Govindpal (Kinderwada), Block Chhindgarh District Sukma Chhattisgarh 10 - Raisingh Nag S/o Aayataram Nag Aged About 42 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Kinderwada, Block Chhindgarh District Sukma Chhattisgarh 11 - Samnath Nag S/o Lachhinder Nag Aged About 43 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Awaspara (Talnar), Block Chhindgarh District Sukma Chhattisgarh 12 - Anant Ram Nag S/o Late Dasoram Nag Aged About 37 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Mundum, Block Chhindgarh District Sukma Chhattisgarh 13 - Smt. Bhawani Chandrawanshi W/o Ramkumar Chandrawanshi Aged About 40 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Mundum, Block Chhindgarh District Sukma Chhattisgarh 14 - Smt. Kunti Nag W/o Tulsiram Nag Aged About 38 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Vekopara Kikripal, Block Chhindgarh District Sukma Chhattisgarh 15 - Smt. Subhadra Negi W/o Daso Negi Aged About 39 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Balatikra, Block Chhindgarh District Sukma Chhattisgarh 16 - Smt. Sukhdai Verma W/o Late Purendra Verma Aged About 38 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Pushpal, Block Chhindgarh District Sukma Chhattisgarh 17 - Smt. Anita Sahu W/o Ramesh Sahu Aged About 36 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Nayapara Kanjupani, Block Chhindgarh District Sukma Chhattisgarh 18 - Smt. Laxmidei Nag W/o Harinath Nag Aged About 39 Years Working As Assistant Teacher (L. B.), Govt. Boys Ashram, Gumma, Block Chhindgarh District Sukma Chhattisgarh 19 - Rameshwar Manjhi S/o Late Sukhram Manjhi Aged About 40 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Rokel, Block 3 Chhindgarh District Sukma Chhattisgarh 20 - Vetti Deva S/o Vetti Dhurwa Aged About 35 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Kalevang, Block Chhindgarh District Sukma Chhattisgarh 21 - Ramnaresh Netam S/o Mangluram Aged About 51 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Lathipara (Kikirpal), Block Chhindgarh District Sukma Chhattisgarh 22 - Arjun Ram Nag S/o Late Shri Gangaram Nag Aged About 41 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Chiurvada, Block Chhindgarh District Sukma Chhattisgarh 23 - Mangallram Nag S/o Dhanewaram Nag Aged About 42 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Sitapal, Block Chhindgarh District Sukma Chhattisgarh 24 - Suner Ram Nagesh S/o Lakhmu Ram Aged About 42 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Lathipara (Kikirpal), Block Chhindgarh District Sukma Chhattisgarh 25 - Somaru Ram Nag S/o Mahaguram Nag Aged About 42 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Gumtapara Talnar, Block Chhindgarh District Sukma Chhattisgarh 26 - Dashrath Kashyap S/o Dhansai Kashyap Aged About 40 Years Working As Assistant Teacher (L. B.), Govt. Boys Ashram, Gumma, Block Chhindgarh District Sukma Chhattisgarh 27 - Rupdhar Nag S/o Thokduram Nag Aged About 40 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Bokopara, Block Chhindgarh District Sukma Chhattisgarh 28 - Padami Hirma Ram S/o Padami Hirma Aged About 45 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Kanjipani, Block Chhindgarh District Sukma Chhattisgarh 29 - Budhuram Kuhrami S/o Late Gangaram Kuhrami Aged About 40 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Bantupara, Block Chhindgarh District Sukma Chhattisgarh 30 - Bhaiyaram Pradhan S/o Sukalram Pradhan Aged About 50 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Netanar, Block Chhindgarh District Sukma Chhattisgarh 31 - Admaram Kashyap S/o Late Paykaram Kashyap Aged About 44 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Jaggumuda, Block Chhindgarh District Sukma Chhattisgarh 32 - Markan Ram Nag S/o Botiram Nag Aged About 40 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Kunjampara, Block Chhindgarh District Sukma Chhattisgarh 33 - Jagdish Baghel S/o Late Sukaluram Baghel Aged About 43 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Jaimer, Block Chhindgarh District Sukma Chhattisgarh -4- 34 - Maluram Kashyap S/o Late Hungaram Kashyap Aged About 35 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Ashram Shala, Baleras, Block Chhindgarh District Sukma Chhattisgarh 35 - Sevan Kumar Yadav S/o Late Budhram Yadav Aged About 50 Years Working As Assistant Teacher (L. B.), Boys Ashram Gorli, Block Chhindgarh District Sukma Chhattisgarh 36 - Sodi Soma S/o Sodi Bandi Aged About 45 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Gochepara, Block Chhindgarh District Sukma Chhattisgarh 37 - Lakhma Ram Kawasi S/o Late Handa Kawasi Aged About 47 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Urvendpara (Chindpal), Block Chhindgarh District Sukma Chhattisgarh 38 - Mahesh Kumar Yadav S/o Late Shri B. R. Yadav Aged About 45 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Permapara (Tahakwada), Block Chhindgarh District Sukma Chhattisgarh 39 - Devaram Barse S/o Late Hadma Ram Barse Aged About 42 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Taraitikra (Kunna), Block Chhindgarh District Sukma Chhattisgarh 40 - Govind Ram Nag S/o Ayturam Nag Aged About 37 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Jangadpal, Block Chhindgarh District Sukma Chhattisgarh 41 - Narendra Singh S/o Late Rupdhar Singh Aged About 40 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Tipanpal, Block Chhindgarh District Sukma Chhattisgarh 42 - Dudhi Mudaram S/o Aytu Aged About 45 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Puriras, Block Chhindgarh District Sukma Chhattisgarh 43 - Kuhrami Hunga Ram S/o Kuhrami Hada Aged About 42 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Mesipara, Block Chhindgarh District Sukma Chhattisgarh 44 - Barse Kala Ram S/o Barse Joga Aged About 37 Years Working As Assistant Teacher (L. B.), Boys Ashram Kunna, Block Chhindgarh District Sukma Chhattisgarh 45 - Kanwal Singh Kashyap S/o Bhikhariram Kashyap Aged About 45 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Borgapara, Block Chhindgarh District Sukma Chhattisgarh 46 - Santosh Kumar Bambode S/o Late Shri Anand Kumar Bambode Aged About 45 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Marapara (Kasanpal), Block Chhindgarh District Sukma Chhattisgarh 47 - Budhram Ram Kashyap S/o Late Kosaram Kashyap Aged About 45 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Patelpara, Block Chhindgarh District Sukma Chhattisgarh 5 48 - Somaru Ram Kashyap S/o Late Gangaram Kashyap Aged About 45 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Sautnar, Block Chhindgarh District Sukma Chhattisgarh 49 - Joga Ram Vatti S/o Late Shri Hadma Vatti Aged About 37 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Badanpal, Block Chhindgarh District Sukma Chhattisgarh 50 - Madkami Kosa Ram S/o Mada Ram Aged About 40 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Rengampara, Block Chhindgarh District Sukma Chhattisgarh 51 - Santosh Kumar Baghel S/o Hirma Ram Aged About 44 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Manjhidih, Block Chhindgarh District Sukma Chhattisgarh 52 - Smt. Lalita Rao S/o Kishore Kumar Rao Aged About 49 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Thothapara Ledha, Block Chhindgarh District Sukma Chhattisgarh 53 - Lahrendra Kumar Muchaki S/o Gangaram Muchaki Aged About 39 Years Working As Assistant Teacher (L. B.), Boys Ashram Oler, Block Chhindgarh District Sukma Chhattisgarh 54 - Gulchand Nayak S/o Shivlochan Nayak Aged About 39 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Taraitikra (Kunna), Block Chhindgarh District Sukma Chhattisgarh 55 - Smt. Brindavati Baghel W/o Laxminath Baghel Aged About 39 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Chandpara, Block Chhindgarh District Sukma Chhattisgarh 56 - Daso Negi S/o Ramadhar Negi Aged About 44 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Duwakiras, Block Chhindgarh District Sukma Chhattisgarh 57 - Ramdhar Manjhi S/o Late Jayram Manjhi Aged About 43 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Arkatong, Block Chhindgarh District Sukma Chhattisgarh 58 - Dudhi Bandhi Ram S/o Mangdu Ram Aged About 43 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Patelpara, Block Chhindgarh District Sukma Chhattisgarh 59 - Virendra Kumar Dhruw S/o Somaram Dhruw Aged About 41 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Mundwal, Block Chhindgarh District Sukma Chhattisgarh 60 - Shivshankar Nag S/o Bhimaram Nag Aged About 42 Years Working As Assistant Teacher (L. B.), Girls Ashram, Block Chhindgarh District Sukma Chhattisgarh 61 - Dhirendra Kumar Nag S/o Late Shri Ramuram Nag Aged About 41 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Pakela, Block Chhindgarh District Sukma Chhattisgarh 62 - Smt. Laxmi Belsariya W/o Kamal Belsariya Aged About 38 Years Working -6- As Assistant Teacher (L. B.), Govt. Primary School, Lathipara, Block Chhindgarh District Sukma Chhattisgarh 63 - Smt. Savita Rana W/o Narendra Kumar Rana Aged About 41 Years Working As Assistant Teacher (L. B.), Primary Janpad School, Chhindgarh, Block Chhindgarh District Sukma Chhattisgarh 64 - Smt. Basanti Bhandari W/o Shri Prakash Bhandari Aged About 37 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Subhashpara, Block Chhindgarh District Sukma Chhattisgarh 65 - Ku. Sonmati Baghel D/o Late Shankar Baghel Aged About 36 Years Working As Assistant Teacher (L. B.), Govt. Primary School, Ratinaikras, Block Chhindgarh District Sukma Chhattisgarh ---Petitioners Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh 2 - The Chief Executive Officer Zila Panchayat, District Sukma Chhattisgarh 3 - The Chief Executive Officer Janpad Panchayat Chhindgarh District Sukma Chhattisgarh 4 - The Block Education Officer Chhindgarh District Sukma Chhattisgarh 5 - The Joint Director Local Fund Audit, Zila Panchayat, Jagdalpur District Bastar Chhattisgarh ---- Respondents For Petitioners : Mr. Sanjeev Kumar Sahu, Advocate along with Mr. Anil Kumar Sahu, Advocate For State : Mr. Vinay Pandey, Dy. A.G. For respective : Mr. Rahul Jha, Advocate and respondents Mr. Ghanshyam Patel, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 14.05.2026 1. Heard. 2. In WPS No.349 of 2021, the petitioner has assailed orders dated 20.09.2019 & 24.09.2019 issued by respondents No.3 & 4 respectively, whereby, claim of the petitioner with regard to revision of pay scale at par with the teachers of the School Education Department has been rejected and at the same time, the petitioner 7 has been granted liberty to approach the authority along with relevant documents if said benefit has not been extended. 3. In WPS No.1887 of 2021, the petitioners have sought a direction to the respondent authorities to revise their pay scale at par with the teachers of the School Education Department. 4. The facts in brief are that the petitioners were appointed to the post of Shiksha Karmi Grade-III. Their services were regularized and after completion of probation period, regular pay scale was sanctioned by the department. A circular was issued by the State Government on 23.03.2009 with regard to revision of pay of the Government servants. It is pleaded that the petitioners who are teachers working with the Panchayat Department have not been extended benefit of revised pay scale according to the provision of Chhattisgarh Vetan Punirikshan Niyam, 2009 (for short’ the Rules of 2009’). In WPS No.349 of 2021, a representation was made by the petitioner which was rejected vide order dated 20.09.2019 by the Block Education Officer, Masturi, whereas, in WPS No.1887 of 2021, the petitioners have sought a direction to the respondent authorities to extend benefit of revised pay scale pursuant to the Rules of 2009 at par with the teachers of the School Education Department. 5. Mr. Sahu, learned counsel appearing for the petitioners would argue that the petitioners are entitled for revised pay scale according to the Rules of 2009 but said benefit has not been extended yet. He would submit that in WPS No.349 of 2021, the -8- Block Education Officer Masturi on wrong premises rejected representation of the petitioner. He would pray to quash the order dated 20.09.2019. 6. On the other hand, learned counsels appearing for the respondents would oppose. They would submit that in WPS No.349 of 2021, the petitioner has been granted liberty to approach the authority along with relevant documents if benefit of revised pay scale has not been extended. They would contend that claims of the petitioners have not been rejected by any of the authorities and the contention made by Mr. Sahu, Advocate is misconceived. They would further contend that both the petitions deserve to be dismissed. 7. I have heard the learned counsel appearing for the parties and perused the documents placed on record. 8. Perusal of order dated 20.09.2019 passed by the Block Education Officer, Masturi in WPS No.349 of 2021 would reveal that the claim of the petitioner namely, Shiv Kumar Sarthi has not been rejected rather he has been granted liberty to approach the authority along with relevant documents if the benefit claimed for, has not been extended, thus, the contention made by Mr. Sahu, Advocate appears to be misplaced. 9. In WPS No.1887 of 2021, claims of the petitioners for grant of revised pay scale have not been considered yet by the respondent authorities. 10.Taking into consideration the above-discussed facts, the petitioners are permitted to make detailed representation(s) along 9 with relevant documents before respondents No.2,3 & 4 within a period of 45 days from today and in turn, said authorities are directed to consider the claims of the petitioners in light of the Rules of 2009 and applicable Circulars within further period of 90 days. The respondent authorities shall provide opportunity of personal hearing to the petitioners. 11.With the aforesaid observation(s)/direction(s), both petitions are disposed of. Sd/- (Rakesh Mohan Pandey) Judge Rekha