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2026 DAILYLAW 3465 (CHH)

INDAL SINGH SIDAR v. STATE OF CHHATTISGARH

WPS/10997/2025 · 2026-03-17

Shri Parth Prateem Sahu

body2026

Judgment text

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1 2026:CGHC:12849 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 10997 of 2025 1 - Indal Singh Sidar S/o Paras Ram Sidar Aged About 53 Years Presently Posted As Head Master At Govt. Primary School Baratiyabhantha Block - Basna, District - Mahasamund (C.G.) 2 - Kangalu Ram Bhoi S/o Rameshwar Bhoi Aged About 55 Years Presently Posted As Head Master At Govt. Primary School Jogipali Block - Basna, District - Mahasamund (C.G.) 3 - Jagat Ram Mirdha S/o Lakhapati Mirdha Aged About 42 Years Presently Posted As Head Master At Govt. Primary School Akhunta Block - Basna, District - Mahasamund (C.G.) 4 - Rishikesh Sahu S/o Balram Sahu Aged About 43 Years Presently Posted As Head Master At Govt. Primary School Khatkhati Block - Basna, District - Mahasamund (C.G.) 5 - Ajay Kumar Sao S/o Laxman Sao Aged About 41 Years Presently Posted As Head Master At Govt. Primary School Chorbhatthi Block - Basna, District - Mahasamund (C.G.) 6 - Vijay Kumar Chouhan S/o Dhirant Kumar Chouhan Aged About 41 Years Presently Posted As Head Master At Govt. Primary School Salppani Block - Basna, District - Mahasamund (C.G.) 7 - Nand Kishor Sao S/o Vasudev Sao Aged About 58 Years Presently ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2026.03.19 10:59:45 +0530 2 Posted As Head Master At Govt. Primary School Ganeshpur Block - Basna, District - Mahasamund (C.G.) 8 - Yamuna Sahu D/o Chakrapani Sahu Aged About 47 Years Presently Posted As Head Master At Govt. Primary School Nalapara (Ssa) Block - Basna, District - Mahasamund (C.G.) 9 - Somprakash Sao W/o Lochan Prasad Sao Aged About 43 Years Presently Posted As Head Master At Govt. Primary School Keramunda Block - Basna, District - Mahasamund (C.G.) 10 - Mahesh Kumar Bagh W/o Sudama Bhagh Aged About 40 Years Presently Posted As Head Master At Govt. Primary School Kudaribahara Block - Basna, District - Mahasamund (C.G.) 11 - Padmini Sahu W/o Tulsi Sahu Aged About 38 Years Presently Posted As Head Master At Govt. Primary School Mudpahar (Ssa) Block - Basna, District - Mahasamund (C.G.) 12 - Sarita Pradhan W/o Bhupendra Pradhan Aged About 43 Years Presently Posted As Head Master At Govt. Primary School Pathiyapali Block - Basna, District - Mahasamund (C.G.) 13 - Dilprasad Chouhan S/o Rupsingh Chouhan Aged About 40 Years Presently Posted As Head Master At Govt. Primary School Bandabri Block - Basna, District - Mahasamund (C.G.) 14 - Vijay Kumar Chaturvedi S/o Ganesh Ram Chaturvedi Aged About 45 Years Presently Posted As Head Master At Govt. Primary School Gaytripur (Ssa) Block - Basna, District - Mahasamund (C.G.) 15 - Sat Kumari Chaturvedi W/o Vijay Kumar Chaturvedi Aged About 41 Years Presently Posted As Head Master At Govt. Primary School Cherudipa (Ssa) Block - Basna, District - Mahasamund (C.G.) 16 - Durga Chaturvedi W/o Jaikumar Chaturvedi Aged About 39 Years 3 Presently Posted As Head Master At Govt. Primary School Ramadabari Block - Mahasamund, District - Mahasamund (C.G.) 17 - Sukmoti Chouhan W/o Parshuram Chouhan Aged About 42 Years Presently Posted As Head Master At Govt. Primary School Bijrabhantha Block - Basna, District - Mahasamund (C.G.) 18 - Jagdev Singh Jagat S/o Gajpati Jagat Aged About 43 Years Presently Posted As Assistant Teacher At Govt. Primary School Dongaripali Block - Basna, District - Mahasamund (C.G.) 19 - Kanhaiya Lal Pande S/o Govardhan Pande Aged About 39 Years Presently Posted As Head Master At Govt. Primary School Hadapathara Block - Basna, District - Mahasamund (C.G.) 20 - Hiralal Manjhi S/o Paltan Manjhi Aged About 48 Years Presently Posted As Head Master At Govt. Primary School Katel Block - Basna, District - Mahasamund (C.G.) 21 - Haldhar Sao S/o Ugresan Sao Aged About 50 Years Presently Posted As Head Master At Govt. Primary School Kurchundi Dipa (Ssa) Block - Basna, District - Mahasamund (C.G.) 22 - Tasmita Sahu W/o Suresh Kumar Sahu Aged About 38 Years Presently Posted As Head Master At Govt. Primary School Boharpar Block - Basna, District - Mahasamund (C.G.) 23 - Amit Kumr Bhoi S/o Raghunandan Bhoi Aged About 39 Years Presently Posted As Assistant Teacher At Govt. Primary School Kurchundi Dipa (Ssa) Block - Basna, District - Mahasamund (C.G.) 24 - Than Kumari Vaishnav W/o Charu Chandra Aged About 39 Years Presently Posted As Assistant Teacher At Govt. Primary School Khemda Block - Basna, District - Mahasamund (C.G.) 25 - Omprakash Jagat S/o Ganesh Ram Jagat Aged About 46 Years 4 Presently Posted As Assistant Teacher At Govt. Primary School Teepa Block - Basna, District - Mahasamund (C.G.) 26 - Anita Sahu W/o Gunmani Sahu Aged About 38 Years Presently Posted As Assistant Teacher At Govt. Primary School Bansula Block - Basna, District - Mahasamund (C.G.) 27 - Purandar Dadasena S/o Amritlal Dadsena Aged About 50 Years Presently Posted As Teacher At Govt. Ms Salhejhariya Block - Basna, District - Mahasamund (C.G.) 28 - Pawan Kumar Sidar S/o Ranjeet Singh Sidar Aged About 39 Years Presently Posted As Assistant Teacher At Govt. Primary School Gerrabhatha Block - Basna, District - Mahasamund (C.G.) 29 - Lakhan Lal Sao S/o Parikshit Sao Aged About 53 Years Presently Posted As Assistant Teacher At Govt. Primary School Jewara Block - Basna, District - Mahasamund (C.G.) 30 - Vishnu Kumar Dhritlahre S/o Balak Das Dhritlahre Aged About 51 Years Presently Posted As Head Master At Govt. Primary School Paita Block - Basna, District - Mahasamund (C.G.) ... Petitioners versus 1 - State Of Chhattisgarh Through Its Secretary, School Education Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - State Of Chhattisgarh Through Its Secretary, Panchayat And Rural Development Department, 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.) 5 4 - Commissioner Cum Director Directorate Of Panchayat Atal Nagar Naya Raipur, District Raipur (C.G.) 5 - District Education Officer District - Mahasamund (C.G.) 6 - Chief Executive Officer Zila Panchayat, District - Mahasamund (C.G.) 7 - Chief Executive Officer Janpad Panchayat, Basna, District - Mahasamund (C.G.) 8 - Block Education Officer Block - Basna, District - Mahasamund (C.G.) ... Respondents For Petitioners : Mr. Shiv Sewak, Advocate For Respondents/State : Mr. Aditya Tiwari, Panel Lawyer Hon'ble Shri Justice Parth Prateem Sahu Order On Board 18.03.2026 1. Petitioners have filed this petition seeking following relief (s) :- “10.1 Issue a writ, order or direction in the nature of mandamus, and/or any other appropriate writ, order or direction under Article 226 of the Constitution of India direction the Respondents to implement the 2017’s Kramonnati Order read with Order dated 06.04.2019 issued by the Department of School Education, Government of Chhattisgarh by upgrading and fixing the pay scale of the Petitioner from the date of completion of 10 years or 20 years of service in the same grade as the case may be. 10.2 Issue a writ, order or direction in the nature of mandamus and or any other appropriate writ, order or direction under Article 226 of the Constitution of India 6 directing the respondents for disbursement of arrears accrued from the date of completion of 10 years or 20 years (as the case may be) in the service by the petitioner till date after verifying from the local fund auditor, and to sent the revised last pay certificate book along with the information of the newly determined pay scale to the current Drawing and Disbursing Officer(s) of the Petitioners. 10.3 Alternatively, issue a writ, order or direction in the nature of mandamus and/or any other appropriate writ, order or direction under Article 226 and 227 of the Constitution of India directing the respondents to consider the detailed representation along with the judgment in Sona Sahu’s (supra) on which the petitioners want to place reliance and consider and examined the same within the appropriate period as this Hon’ble Court may deem fit, and in the event the authorities come to the conclusion that the Petitioners for benefits of up gradation in the pay scale and claims, same be paid to the petitioners within 60 days. 10.4 Pass such other and further reliefs as this Hon’ble Court may deem fit and proper in the facts and circumstances of this case.” 2. Learned counsel for petitioners submits that petitioners are entitled for Kramonnati Vetanman in terms of decision in case of Sona Sahu Vs. State of Chhattisgarh, in W.A. No.261 of 2023, decided on 28.02.2024. 3. Learned State counsel opposes the submission of learned counsel for petitioners and would submit that case of the petitioners are different than that of case of Sona Sahu. Petitioners were earlier employees of Panchayat Department and thereafter, they were absorbed in Education Department pursuant to policy decision taken by State 7 Government on 30.06.2018. Petitioners were not appointed as regular Assistant Teacher by School Education Department but were appointed by Janpad Panchayat. Coordinate Bench of this Court has considered the issue with regard to grant of Kramonnati Vetanman to such employees in WPS No.11009 of 2025 and other batch of writ petitions and has dismissed those writ petitions. 4. Petitioners upon asking do not dispute the submission of learned State counsel with respect to their initial appointment under Panchayat Department by Janpad Panchayat as also decision in WP(S) No.11009 of 2025. 5. Coordinate Bench of this Court while considering the batch of writ petitions lead case bearing WPS No. 11009 of 2025 with regard to grant of Kramonnati to petitioners therein, has dismissed the writ petitions and observed thus :- “35. Considering the facts of the case that the petitioners till absorption in pursuance of the policy dated 30.06.2018 are not teachers of the School Education Department, they were shikshakarmis though their designation has been changed as Assistant Teacher (panchayat), Teacher (panchayat) and Lecturer (panchayat) respectively and they are governed by the separate rules framed under the Panchayat Raj Adhiniyam, 1993, therefore, the petitioners are not fulfilling the criteria as laid down in the circular dated 10.03.2017, the bunch of the writ petitions are liable to be dismissed, accordingly, they are dismissed.” 6. Since the facts of the case of petitioners as is identical to the facts of the case in WP(S) No.11009 of 2025 is not disputed, this petition is 8 also dismissed in terms of order passed in WPS No.11009 of 2025 and other connected case decided on 24.11.2025. sd/- (Parth Prateem Sahu) Judge alza