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2026 DAILYLAW 26489 (CHH)

YASHWANT KUMAR GAVEL v. STATE OF CHHATTISGARH

WPS/5443/2021 · 2026-07-07

Shri Rakesh Mohan Pandey

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Judgment text

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1 CGHC010248162021 2026:CGHC:28184 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5443 of 2021 1 - Yashwant Kumar Gavel D/o Shri Ramdayal Aged About 48 Years Occupation Assistant Teacher L.B. / Government Primary School Pandripani / Senuras , R/o Gram Pandripani Thana Jaijaipur District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 2 - Samelal Tandon S/o Shri Mukhru Ram Aged About 53 Years Occupation Assistant Teacher L.B. / Government Primary School Slani , R/o Gram Slani, Thana Jaijaipur District Janjgir Champa Chhattisgarh. 3 - Ashok Kumar Kanwar S/o Shri Mehttar Singh Kanwar Aged About 49 Years Occupation Assistant Teacher L.B. / Government Primary School Karibhawr, R/o Gram Karibhawr, District Janjgir Champa Chhattisgarh. 4 - Tarachand Kherawar S/o Shri Bachnuram Kherawar Aged About 49 Years Occupation Assistant Teacher L.B. / Government Primary School Arshima , R/o Gram Arshima Thana Jaijaipur District Janjgir Champa Chhattisgarh. 5 - Jagatram Kharawar S/o Shri Dawansingh Aged About 57 Years Occupation Assistant Teacher L.B. / Government Primary School Dhanuharpara Shalni , R/o Gram Shalni District Janjgir Champa Chhattisgarh. 6 - Gorelal Khairwar S/o Shri Ganeshram Aged About 53 Years Occupation Assistant Teacher L.B. / Government Primary School Purenhara Guchkuliya , R/o Gram Guchkuliya, District Janjgir Champa Chhattisgarh. 7 - Ramheyalal Kashyap S/o Shri Bhukharam Kashyap Aged About 45 Years NIRMALA RAO 2 Occupation Assistant Teacher L.B. / Government Primary School Sadakpara Khetha , R/o Gram Khetha District Janjgir Champa Chhattisgarh. 8 - Radhelal Ratre S/o Shri Ramdayal Ratre Aged About 52 Years Occupation Assistant Teacher L.B. / Government Primary School Odekekera , R/o Gram Odekekera District Janjgir Champa Chhattisgarh. 9 - Sachendralal Chandra S/o Shri Bhahoriklal Chandra Aged About 54 Years Occupation Assistant Teacher L.B. / Government Primary School Bodesara , R/o Gram Bodesara District Janjgir Champa Chhattisgarh. 10 - Sahniram Diwakar S/o Shri Sadhram Diwakar Aged About 54 Years Occupation Assistant Teacher L.B. / Government Primary School Khairjhiti , R/o Gram Khairjhiti District Janjgir Champa Chhattisgarh. 11 - Smt. Kumarin Bai Aagre W/o Shri Puk Ram Aagre Aged About 45 Years Occupation Assistant Teacher L.B. / Government Primary School Harinachakr , R/o Gram Harinachakr District Janjgir Champa Chhattisgarh. 12 - Smt. Rajkumari Sonwani W/o Shri Rathram Sonwani Aged About 50 Years Occupation Assistant Teacher L.B. / Government Primary School Dhoradeepa , R/o Gram Dhoradeepa District Janjgir Champa Chhattisgarh. 13 - Ramsingh Manhar S/o Shri Patanga Manhar Aged About 56 Years Occupation Assistant Teacher L.B. / Government Primary School Sendari , R/o Gram Sendari Janpad Panchayat Jaijaipur District Janjgir Champa Chhattisgarh. 14 - Jageshwar Singh Sidar S/o Shri Dhajaram Sidar Aged About 52 Years Occupation Assistant Teacher L.B. / Government Primary School Beladula , R/o Gram Beladula District Janjgir Champa Chhattisgarh. 15 - Jitendra Kumar Jangde S/o Shri Tejram Jangde Aged About 45 Years Occupation Assistant Teacher L.B. / Government Primary School Chirradeeh R/o Gram Chirradih District Janjgir Champa Chhattisgarh. 16 - Mohd. Ajiboddin Khan S/o Najaruddin Khan Aged About 51 Years Occupation Assistant Teacher L.B. / Government Primary School Kekerabhatha , R/o Gram Kekerabhatha District Janjgir Champa Chhattisgarh. 3 17 - Farida Akhtar Khan S/o Shri Mohd. Sarif Aged About 51 Years Occupation Assistant Teacher L.B. / Government Primary School Senuras , R/o Gram Senduras District Janjgir Champa Chhattisgarh. 18 - Smt. Shimla Devi Kurre S/o Shri Deel Chandra Kurre Aged About 43 Years Occupation Assistant Teacher L.B. / Government Primary School Parsadeeh, R/o Gram Parsadeeh, District Janjgir Champa Chhattisgarh. 19 - Smt. Yogeshwari Navneet W/o Shri Sukhlal Navnit Aged About 44 Years Occupation Assistant Teacher L.B. / Government Primary School Parsadih , R/o Gram Parsadih District Janjgir Champa Chhattisgarh. 20 - Smt. Mantori Khirawar W/o Shri Kanhaya Singh Khirawar Aged About 42 Years Occupation Assistant Teacher L.B. / Government Primary School Nendeli , R/o Gram Nandeli, District Janjgir Champa Chhattisgarh. 21 - Smt. Rajiya Netam W/o Shri R. Netam Aged About 45 Years Occupation Assistant Teacher L.B. / Government Primary School Dhrabhatha, R/o Gram Dharbhatha District Janjgir Champa Chhattisgarh. 22 - Chandrika Sonwani D/o Shri B. Sonwani Aged About 47 Years Occupation Assistant Teacher L.B. / Government Primary School Sonseri, R/o Gram Sonseri District Janjgir Champa Chhattisgarh. 23 - Ku. Shivkumari Chowhan D/o Shri Chatram Chowhan Aged About 51 Years Occupation Assistant Teacher L.B. / Government Primary School Kekrabhatha, R/o Gram Kekrabhatha District Janjgir Champa Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Secretary, School Education Department , Mantralaya Naya Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Secretary Panchayat Gramin Vikas Vibhag Mantralaya Naya Raipur Chhattisgarh. 3 - Director Panchayat Sanchanalaya Chhattisgarh Indrawati Bhawan Naya Raipur Chhattisgarh. 4 4 - Chief Executive Officer District Panchayat Janjgir District Janjgir Champa Chhattisgarh. 5 - Chief Executive Officer Janpad Panchayat Jaijaipur District Janjgir Champa Chhattisgarh. 6 - District Education Officer Janjgir Champa District Janjgir Champa Chhattisgarh. 7 - Block Education Officer Jaijaipur District Janjgir Champa Chhattisgarh. ... Respondent(s) For Petitioner/s : Shri Abdul Moin Khan, Advocate holding the brief of Shri Abdul Wahab Khan, Advocate. For Respondent/ State : Shri Anmol Sharma, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 08.07.2026 1) The petitioners have filed this petition seeking the following reliefs: “10.1 यह कि उत्तरवा दी गण  किदीशित किय जा वा कि वा आवादीपत्र परिरशिष्ट प- 03  कियमा सा र साभी य शि गण  सावा ई  यक्ति#तय#त अवासार दीत हुय घ्र किर रण र'। 10.2 यह कि उत्तरवा दी गण  किदीशित किय जा वा कि वा य शि गण  मा ह जा) 2021 त भीगत  ह रह वात मा' * मा  अप स्त/ किरस्त र प)वा,वात वात भीगत  र मा भीगत  * अ-तर र शि एवा- वात वा/द्वी  ला भी माय व्या जा भीगत  र'। 10.3 यह कि, अन्य अतष जा मा य न्य य लाय उशि त सामाझे उत्तरवा दी गण सा य शि  त ,गण  दिदीला य जा वा' ।" 2) The facts, in brief, are that the petitioners have been working as Assistant Teacher (Panchayat)/ Assistant Teacher (LB) since 1998. Upon completion of 10 years of continuous service, they 5 were extended benefit of the upgraded pay-scale with effect from October, 2015. However, all of a sudden, the respondents reduced their salary with effect from June, 2021. 3) Learned counsel for the petitioners would submit that the petitioners made representations before respondent No.2 for restoration of their admissible salary, but no heed has been paid to the same. He would submit that no opportunity of hearing was afforded to the petitioners before taking such decision and therefore, the action on the part of the respondents is bad in law. 4) Learned counsel appearing for the State would oppose the submissions made by counsel for the petitioners. He would contend that the order passed by the Coordinate Bench of this Court in the matter of Smt. Abha Namdeo and Others vs. State of Chhattisgarh and Others, WPS No.11009 of 2025, decided by order dated 24.11.2025 alongwith other connected matters, it is categorically held that, till the absorption of their services pursuant to the policy dated 30.6.2018, the petitioners were not teachers of the School Education Department but were Shiksha Karmis, though their designations were changed as Assistant Teacher (Panchayat), Teacher (Panchayat) and Lecturer (Panchayat). It was further held that they were governed by the seperate Rules framed under Panchayat Raj Adhiniyam, 1993 and therefore, did not fulfill the criteria laid down in the circular dated 10.3.2017. Consequently, those writ petitions were dismissed. He would further submit that the said order passed in WPS 6 No.11009 of 2025 has been affirmed in WA No.307 of 2026 vide order dated 16.4.2026. It is contended that this writ petition deserves to be dismissed. 5) I have heard learned counsel for the parties and perused the documents placed on record. 6) The claim of similarly situated teachers with regard to grant of the upgraded pay-scale after completion of 10 years of service has already been rejected in WPS No.11009 of 2025 and other connected matters, and the said judgment has been affirmed by the Hon’ble Division Bench of this Court. At present, an SLP is pending before the Hon’ble Supreme Court. As the issue involved in the present case has already been decided, no relief can be granted to the petitioners. 7) Accordingly, this petition fails and is hereby dismissed. Sd/- (Rakesh Mohan Pandey) JUDGE Nimmi