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2026 DAILYLAW 29120 (CHH)

SMT. ASHA DWIVEDI v. STATE OF CHHATTISGARH

WPS/4062/2021 · 2026-07-27

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010186252021 2026:CGHC:32174 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4062 of 2021 • Smt. Asha Dwivedi Wd/o Shri Late Rajesh Kumar Dwivedi Aged About 59 Years Working As Upper Division Teacher, Mohanti Higher Secondary School Bilaspur, District Bilaspur Chhattisgarh, Resident Of B - 7, Nehru Nagar, Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ... Petitioner versus 1. State Of Chhattisgarh Through The Secretary Department Of School Education Mantralaya Mahanadi Bhawan, New Mantralaya, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2. The Director Directorate Of Public Instructions Indravati Bhawan New Mantralaya, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3. The District Education Officer Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 4. Mohanti Education Society (Regd.) Registration Number 73/ 1945 - 1946, Through Secretary Tilak Nagar, Chatapara, Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ... Respondent(s) For Petitioner : Mr. R.S. Patel, Advocate For State : Mr. T.L. Bareth, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 28.07 .2026 1. At the very outset, learned counsel appearing for the parties jointly submit that the issue involved in this petition is no longer res integra and this petition is squarely covered with the judgment passed by this Court in batch of writ petitions leading case of which being WPS No. 2789 of 2017 parties SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2026.07.28 14:07:20 +0530 2 being Ashok Kumar Hazra and Others vs. State of Chhattisgarh and Others which was decided on 11.12.2025. 2. In the light of the submission made herein-above this Court is of the opinion that this petition is squarely covered with the judgment rendered by this Court in WPS No. 2789 of 2017 decided on 11.12.2025 in case of Ashok Kumar Hazra and Others vs. State of Chhattisgarh and Others. 3. Accordingly, this petition is disposed of in terms of the order passed by this Court in the case of Ashok Kumar Hazra (supra) holding that the State cannot be directed to make rules by extending the pensionary benefits to the retired teachers/employees of the aided schools at par with the teachers/employees of the State Government. Sd/- (Rakesh Mohan Pandey) JUDGE $iddhant