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2026:CGHC:11066
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2192 of 2026 1 - Ainul Haque Ansari S/o Md. Luquman Ansari Aged About 60 Years Presently Working As Head Master (Middle School) At Govt. Middle School Patradih Block- Lundra District- Surguja (C.G.) 2 - Md. Rafique Ansari S/o Md. Alamgir Ansari Aged About 61 Years Presently Working As Teacher (L.B) (Middle School) At Govt. Middle School Harrapara Palka Block-Udaypur District- Surguja (C.G.) 3 - Md. Akhatar Husain S/o Rahmattulah Ansari Aged About 62 Years Presently Working As Retired Teacher (L.B) At Govt. Middle School Badgari Block- Lundra District- Surguja (C.G.) 4 - Mohan Singh Ayam S/o Sahdev Singh Aged About 62 Years Presently Working Retired Head Master (Primary School) At Govt Primary School Karichhapar Block-Khadgawan District- Manendragarh-Chirmiri-Bharatpur (C.G.) 5 - Moh. Basir Khan S/o Late Sahabuddin Aged About 62 Years Retried Head Master (Primary School) At Govt- Primary School Ramgawan, Block- Pratappur, District- Surajpur (C.G.)
... Petitioner(s) versus Digitally signed by PRAVEEN KUMAR SINHA Date: 2026.03.12 11:51:07 +0530
2 / 5 1 - State Of Chhattisgarh Through The Secretary Department Of School Education Mantralaya Mahanadi Bhawan Atal Nagar Nawa Raipur District- Raipur (C.G.) 2 - The Secretary Department Of Panchayat And Rural Development Mantralaya Mahanadi Bhawan Atal Nagar Nawa Raipur District- Raipur (C.G.) 3 - Director Directorate Of Public Instruction Indrawati Bhawan Atal Nagar Naya Raipur District- Raipur (C.G.) 4 - District Education Officer Surguja District- Surguja (C.G.) 5 - District Education Officer Manendragarh- Chirmiri-Bharatpur District- Manendragarh-Chirmiri-Bharatpur (C.G.) 6 - District Education Officer Surajpur District- Surajpur (C.G.) 7 - Chief Executive Officer Zila Panchayat Surguja District- Surguja (C.G.) 8 - Chief Executive Officer Janpad Panchayat Lundra District- Surguja (C.G.) 9 - Chief Executive Officer Janpad Panchayat Pratappur District- Surajpur (C.G.) 10 - Chief Executive Officer Janpad Panchayat Khadgawan District- Manendragarh-Chirmiri-Bharatpur (C.G.) 11 - Chief Executive Officer Janpad Panchayat Udaypur District- Surguja (C.G.)
... Respondent(s) For Petitioners :Mr. Govind Dewangan, Advocate For State :Ms. Anuja Sharma, Dy. Govt. Advocate
3 / 5 S.B.: Hon'ble Shri Parth Prateem Sahu, Judge
Order on Board 03/03/2026
1. Petitioners have filed this petition seeking following reliefs:
“10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records in relates to the case of the petitioners from the possession of respondents for its kind perusal. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondents to consider the case of the petitioners for grant of pensionary benefits under the Old Pension Scheme governed by the pension rules, 1976 from the date of their initial appointment i.e. the year
1998. 10.3 That, this Hon'ble Court may kindly be pleased to grant any other relief/relief's in favour of the petitioners, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioners.”
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. Petitioners No. 3 to 5 while working on the post of Headmaster, Primary School (Local Body) stood retired and petitioners No. 1 & 2 are still working as Headmaster Middle School (Local Body). He submits that petitioners have filed this writ petition raising their grievance that petitioners No. 3 to 5 are not getting pension, as they have not completed 10 years of service, after absorption. Similarly,
4 / 5 petitioners No. 1 & 2 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 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. 3 to 5 retired in the month of January 2026 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
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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/-- Sd/- (Parth Prateem Sahu) Judge Praveen