Extracted from the PDF above. The PDF is authoritative.
1
CGHC010311682026
2026:CGHC:36222
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6163 of 2026 Vijay Kumar Dhruw Son Of Tok Singh Dhruw, Aged About 37 Years Working As Teacher (E- Cadre) At Government New Girls Middle School Kawardha, Block Kawardha, Distt. Kabirdham (C.G.)
... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi, Bhawan, Atal Nagar, Nawa Raipur, District - Raipur (C.G.) 2 - The Director, Directorate Of Public Instruction Indravati Bhawan, Atal Nagar, Nawa Raipur, District - Raipur (C.G.) 3 - The Joint Director, Eduction Division Distt. Durg (C.G.) 4 - The Collector Kabirdham Dist - Kabirdham (C.G.) 5 - The District Education Officer, Kabirdham Distt. - Kabirdham (C.G.) 6 - The Block Education Officer Block - Kawardha, District - Kabirdham (C.G.)
... Respondent(s) (Cause title is taken from Case Information System) SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2026.08.19 10:32:17 +0530
2 For Petitioner : Mr. R.K. Verma, Advocate For Respondents/ State : Mr. Shahil Singh, Panel Lawyer (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 14/08/2026
1. At the very outset, learned counsel for the parties jointly submit that the facts of the present case are similar to and covered by the
order dated 14.05.2026 passed by this Court in WPS No. 4144/2026, and accordingly, the present petition may also be decided in terms of the said order.
2. In the case at hand, learned counsel for the petitioner submits that the petitioner was appointed as Teacher (E-Cadre) on 24.08.2021 and joined service on 10.09.2021. He further submits that the petitioner was dismissed from service by order dated 21.04.2023 on the ground that he had cleared the Teacher Eligibility Test (TET) prior to completion of graduation. However, the said dismissal order was subsequently set aside by the State Government vide order dated 04.10.2023 and the petitioner was reinstated in service. Learned counsel further submits that despite reinstatement, the respondents have illegally denied salary and consequential service benefits for the period from 21.04.2023 to
05.10.2023. It is submitted that the petitioner submitted several representations in this regard. According to learned counsel, the impugned order is contrary to Fundamental Rule 54-A(3), as once the dismissal has been found wholly unjustified and the petitioner has been reinstated, he become entitled to full salary and
3 allowances for the intervening period by operation of law. It is further submitted that the impugned order is arbitrary, illegal and violative of Articles 14, 16 and 21 of the Constitution of India.
3. Learned State counsel submits that the present case may be decided in accordance with the order dated order dated 14.05.2026 passed by this Court in WPS No. 4144/2026.
4. I have heard learned counsel for the parties and perused the material available on record.
5. From perusal of the order dated 14.05.2026 passed by this Court in WPS No. 4144/2026, it appears that the facts of the present case are similar to those considered therein. In the said case, this Court, while considering the effect of setting aside the dismissal
order and reinstatement of the employee, held that the employee was entitled to salary and consequential benefits for the intervening period in view of the provisions contained in Fundamental Rule 54-A(3).
6. In the present case also, the dismissal order dated 21.04.2023 was subsequently set aside by the State Government vide order dated 04.10.2023 and the petitioner was reinstated in service. Thus, in view of the aforesaid order dated 14.05.2026 and the provisions of Fundamental Rule 54-A(3), the petitioner is entitled to the benefit of salary and consequential service benefits for the intervening period from 21.04.2023 to 05.10.2023.
7. Accordingly, the respondents are directed to extend the benefit of salary and consequential service benefits to the petitioner for the
4 period from 21.04.2023 to 05.10.2023, in accordance with law, within a period of 60 days from the date of receipt of a copy of this order.
8. With the aforesaid direction, the writ petition stands allowed. Sd/- (BIBHU DATTA GURU)
JUDGE Ashu/ $. Bhilwar