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2026 DAILYLAW 35344 (CHH)

BHAGWAN SINGH PORTE v. STATE OF CHHATTISGARH

WPS/1624/2026 · 2026-09-08

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010053972026 2026:CGHC:39526 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1620 of 2026 Pankaj Sahu S/o Devnarayan Sahu, Aged About 35 Years R/o Fuljhariya Para Ward No. 12, Block- Sarangarh District Sarangarh Bilaigarh (C.G.) --- Petitioner versus 1 - State of Chhattisgarh Through The Secretary School Education, Government of Chhattisgarh, Mantralaya Mahanadi Bhawan Atal Nagar Naya Raipur District Raipur C.G. 2 - Director, Directorate of School Education, Indiravati Bhawan, Atal Nagar, Naya Raipur, District Raipur C.G. 3 - Employees Provident Fund Organization, Through Regional Provident Fund Commissioner- I Chhattisgarh, Block D Scheme 32 Indira Gandhi Vyavsaik Parisar, Pandari, Raipur, District Raipur C.G. --- Respondents WPS No. 1705 of 2026 Mamta Gupta W/o Sanjay Kumar Gupta Aged About 42 Years Resident Of C/o Bajrang Prasad Gupta Near Co- Opretive Bank Ward No.3, Annpurna Ward District- Jashpur (C.G.) --- Petitioner Versus 1 - State of Chhattisgarh Through The Secretary School Education, Government of Chhattisgarh, Mantralaya Mahanadi Bhawan Atal Nagar Naya Raipur District Raipur C.G. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2026.09.11 10:33:34 +0530 2 2 - Director, Directorate of School Education, Indiravati Bhawan, Atal Nagar, Naya Raipur, District Raipur C.G. 3 - Employees Provident Fund Organization, Through Regional Provident Fund Commissioner- I Chhattisgarh, Block D Scheme 32 Indira Gandhi Vyavsaik Parisar, Pandari, Raipur, District Raipur C.G. --- Respondents WPS No. 1636 of 2026 Bharatlal Yadav S/o Dolamani Yadav, Aged About 37 Years R/o Mendra, Post- Hirri, Block- Baramkela, District Sarangarh- Bilaigarh (C.G.) --- Petitioner Versus 1 - State of Chhattisgarh Through The Secretary School Education, Government of Chhattisgarh, Mantralaya Mahanadi Bhawan Atal Nagar Naya Raipur District Raipur C.G. 2 - Director, Directorate of School Education, Indiravati Bhawan, Atal Nagar, Naya Raipur, District Raipur C.G. 3 - Employees Provident Fund Organization, Through Regional Provident Fund Commissioner- I Chhattisgarh, Block D Scheme 32 Indira Gandhi Vyavsaik Parisar, Pandari, Raipur, District Raipur C.G. --- Respondents WPS No. 1656 of 2026 Rajendra Kumar Sahu S/o Mr. Anantram Sahu Aged About 35 Years R/o Village And Post Bhatgaon Block Patharia, District- Mungeli (C.G.) --- Petitioner Versus 1 - State of Chhattisgarh Through The Secretary School Education, Government of Chhattisgarh, Mantralaya Mahanadi Bhawan Atal Nagar Naya Raipur District Raipur C.G. 2 - Director, Directorate of School Education, Indiravati Bhawan, Atal Nagar, Naya Raipur, District Raipur C.G. 3 3 - Employees Provident Fund Organization, Through Regional Provident Fund Commissioner- I Chhattisgarh, Block D Scheme 32 Indira Gandhi Vyavsaik Parisar, Pandari, Raipur, District Raipur C.G. --- Respondents WPS No. 1635 of 2026 Jayprakash Jatwar S/o Late Jiya Lal Jatwar Aged About 43 Years R/o Makdi, Tahsil- Makdi, District Kondagaon C.G. --- Petitioner Versus 1 - State of Chhattisgarh Through The Secretary School Education, Government of Chhattisgarh, Mantralaya Mahanadi Bhawan Atal Nagar Naya Raipur District Raipur C.G. 2 - Director, Directorate of School Education, Indiravati Bhawan, Atal Nagar, Naya Raipur, District Raipur C.G. 3 - Employees Provident Fund Organization, Through Regional Provident Fund Commissioner- I Chhattisgarh, Block D Scheme 32 Indira Gandhi Vyavsaik Parisar, Pandari, Raipur, District Raipur C.G. --- Respondents WPS No. 1601 of 2026 Gurunarayan Sahu S/o Chamaru Sahu Aged About 46 Years Resident Of Vandemataram Ward No.15, Sikhak Colony Kurud Kurud, District- Dhamtari (C.G.) --- Petitioner Versus 1 - State of Chhattisgarh Through The Secretary School Education, Government of Chhattisgarh, Mantralaya Mahanadi Bhawan Atal Nagar Naya Raipur District Raipur C.G. 2 - Director, Directorate of School Education, Indiravati Bhawan, Atal Nagar, Naya Raipur, District Raipur C.G. 4 3 - Employees Provident Fund Organization, Through Regional Provident Fund Commissioner- I Chhattisgarh, Block D Scheme 32 Indira Gandhi Vyavsaik Parisar, Pandari, Raipur, District Raipur C.G. --- Respondents WPS No. 1623 of 2026 Pannalal Sinha S/o Latkhor Ram Sinha Aged About 52 Years R/o Village Karetha, Post - Rudri, District Dhamtari Chhattisgarh --- Petitioner Versus 1 - State of Chhattisgarh Through The Secretary School Education, Government of Chhattisgarh, Mantralaya Mahanadi Bhawan Atal Nagar Naya Raipur District Raipur C.G. 2 - Director, Directorate of School Education, Indiravati Bhawan, Atal Nagar, Naya Raipur, District Raipur C.G. 3 - Employees Provident Fund Organization, Through Regional Provident Fund Commissioner- I Chhattisgarh, Block D Scheme 32 Indira Gandhi Vyavsaik Parisar, Pandari, Raipur, District Raipur C.G. --- Respondents WPS No. 1624 of 2026 Bhagwan Singh Porte S/o Arjun Singh Porte Aged About 40 Years R/o Village- Ranhagi, Post- Jhajhpurikala, Block - Lormi, District- Mungeli (C.G.) --- Petitioner Versus 1 - State of Chhattisgarh Through The Secretary School Education, Government of Chhattisgarh, Mantralaya Mahanadi Bhawan Atal Nagar Naya Raipur District Raipur C.G. 2 - Director, Directorate of School Education, Indiravati Bhawan, Atal Nagar, Naya Raipur, District Raipur C.G. 5 3 - Employees Provident Fund Organization, Through Regional Provident Fund Commissioner- I Chhattisgarh, Block D Scheme 32 Indira Gandhi Vyavsaik Parisar, Pandari, Raipur, District Raipur C.G. --- Respondents WPS No. 1662 of 2026 Ravindra Nath Somawar S/o Uttam Kumar Somawar Aged About 36 Years R/o House No. A-7, Dreams Enclave Colony Near Ashok Vatika, Ashok Nagar, District - Bilaspur Chhattisgarh --- Petitioner Versus 1 - State of Chhattisgarh Through The Secretary School Education, Government of Chhattisgarh, Mantralaya Mahanadi Bhawan Atal Nagar Naya Raipur District Raipur C.G. 2 - Director, Directorate of School Education, Indiravati Bhawan, Atal Nagar, Naya Raipur, District Raipur C.G. 3 - Employees Provident Fund Organization, Through Regional Provident Fund Commissioner- I Chhattisgarh, Block D Scheme 32 Indira Gandhi Vyavsaik Parisar, Pandari, Raipur, District Raipur C.G. --- Respondents WPS No. 1637 of 2026 Praveen Kumar Vaidya S/o Kunwar Lal Vaidya Aged About 36 Years R/o Sadar Dakshin Ward 31, Gaura Chowk, Dhamtari, District Dhamtari C.G. --- Petitioner Versus 1 - State of Chhattisgarh Through The Secretary School Education, Government of Chhattisgarh, Mantralaya Mahanadi Bhawan Atal Nagar Naya Raipur District Raipur C.G. 2 - Director, Directorate of School Education, Indiravati Bhawan, Atal Nagar, Naya Raipur, District Raipur C.G. 6 3 - Employees Provident Fund Organization, Through Regional Provident Fund Commissioner- I Chhattisgarh, Block D Scheme 32 Indira Gandhi Vyavsaik Parisar, Pandari, Raipur, District Raipur C.G. --- Respondents WPS No. 1638 of 2026 Khilawn Dewangan S/o Sewaram Dewangan, Aged About 35 Years R/o Village And Post- Sangwakapa, Block- Mungeli, District Mungeli (C.G.) --- Petitioner Versus 1 - State of Chhattisgarh Through The Secretary School Education, Government of Chhattisgarh, Mantralaya Mahanadi Bhawan Atal Nagar Naya Raipur District Raipur C.G. 2 - Director, Directorate of School Education, Indiravati Bhawan, Atal Nagar, Naya Raipur, District Raipur C.G. 3 - Employees Provident Fund Organization, Through Regional Provident Fund Commissioner- I Chhattisgarh, Block D Scheme 32 Indira Gandhi Vyavsaik Parisar, Pandari, Raipur, District Raipur C.G. --- Respondents WPS No. 1644 of 2026 Ramashankar Sahu S/o Narayan Prasad Sahu Aged About 41 Years R/o Village Bhilai, Post- Amora, Block Pathariya, District Mungeli C.G. --- Petitioner Versus 1 - State of Chhattisgarh Through The Secretary School Education, Government of Chhattisgarh, Mantralaya Mahanadi Bhawan Atal Nagar Naya Raipur District Raipur C.G. 2 - Director, Directorate of School Education, Indiravati Bhawan, Atal Nagar, Naya Raipur, District Raipur C.G. 7 3 - Employees Provident Fund Organization, Through Regional Provident Fund Commissioner- I Chhattisgarh, Block D Scheme 32 Indira Gandhi Vyavsaik Parisar, Pandari, Raipur, District Raipur C.G. --- Respondents WPS No. 1654 of 2026 Mahesh Sahu S/o Jainarayan Sahu Aged About 28 Years R/o Village Girhulpali, Post- Lodhiya, Block- Baramkela, District- Sarangarh-Bilaigarh (C.G.) --- Petitioner Versus 1 - State of Chhattisgarh Through The Secretary School Education, Government of Chhattisgarh, Mantralaya Mahanadi Bhawan Atal Nagar Naya Raipur District Raipur C.G. 2 - Director, Directorate of School Education, Indiravati Bhawan, Atal Nagar, Naya Raipur, District Raipur C.G. 3 - Employees Provident Fund Organization, Through Regional Provident Fund Commissioner- I Chhattisgarh, Block D Scheme 32 Indira Gandhi Vyavsaik Parisar, Pandari, Raipur, District Raipur C.G. --- Respondents WPS No. 1657 of 2026 Smt. Vandana Verma W/o Shrikant Verma Aged About 52 Years Resident Of Juni Line Near Suruchi Restaurant Sadar Bazar District- Bilaspur (C.G.) --- Petitioner Versus 1 - State of Chhattisgarh Through The Secretary School Education, Government of Chhattisgarh, Mantralaya Mahanadi Bhawan Atal Nagar Naya Raipur District Raipur C.G. 2 - Director, Directorate of School Education, Indiravati Bhawan, Atal Nagar, Naya Raipur, District Raipur C.G. 8 3 - Employees Provident Fund Organization, Through Regional Provident Fund Commissioner- I Chhattisgarh, Block D Scheme 32 Indira Gandhi Vyavsaik Parisar, Pandari, Raipur, District Raipur C.G. --- Respondents WPS No. 1630 of 2026 Kamlesh Kumar Sahu S/o Sundar Lal Sahu Aged About 35 Years R/o Pandripani Post - Sutiurkuli, Block - Bilaigarh, District - Sarangarh-Bilaigarh Chhattisgarh --- Petitioner Versus 1 - State of Chhattisgarh Through The Secretary School Education, Government of Chhattisgarh, Mantralaya Mahanadi Bhawan Atal Nagar Naya Raipur District Raipur C.G. 2 - Director, Directorate of School Education, Indiravati Bhawan, Atal Nagar, Naya Raipur, District Raipur C.G. 3 - Employees Provident Fund Organization, Through Regional Provident Fund Commissioner- I Chhattisgarh, Block D Scheme 32 Indira Gandhi Vyavsaik Parisar, Pandari, Raipur, District Raipur C.G. --- Respondents WPS No. 1632 of 2026 Prakash Chand Sahu S/o Bhagat Ram Sahu, Aged About 46 Years R/o Pandripani, Post- Sutiurkuli, Block- Bilaigarh, District Sarangarh- Bilaigarh (C.G.) --- Petitioner Versus 1 - State of Chhattisgarh Through The Secretary School Education, Government of Chhattisgarh, Mantralaya Mahanadi Bhawan Atal Nagar Naya Raipur District Raipur C.G. 2 - Director, Directorate of School Education, Indiravati Bhawan, Atal Nagar, Naya Raipur, District Raipur C.G. 9 3 - Employees Provident Fund Organization, Through Regional Provident Fund Commissioner- I Chhattisgarh, Block D Scheme 32 Indira Gandhi Vyavsaik Parisar, Pandari, Raipur, District Raipur C.G. --- Respondents WPS No. 1629 of 2026 Lingraj Sahu S/o Devnarayan Sahu Aged About 37 Years R/o Fuljhariya Para Ward No. 12, Block Sarangarh, District Sarangarh-Bilaigarh Chhattisgarh --- Petitioner Versus 1 - State of Chhattisgarh Through The Secretary School Education, Government of Chhattisgarh, Mantralaya Mahanadi Bhawan Atal Nagar Naya Raipur District Raipur C.G. 2 - Director, Directorate of School Education, Indiravati Bhawan, Atal Nagar, Naya Raipur, District Raipur C.G. 3 - Employees Provident Fund Organization, Through Regional Provident Fund Commissioner- I Chhattisgarh, Block D Scheme 32 Indira Gandhi Vyavsaik Parisar, Pandari, Raipur, District Raipur C.G. --- Respondents WPS No. 1594 of 2026 Trun Verma S/o Late Bhupendra Verma Aged About 42 Years R/o Ward No. 05 Sharda Vihar Vtc Mana-Camp Post Mana, District - Raipur Chhattisgarh --- Petitioner Versus 1 - State of Chhattisgarh Through The Secretary School Education, Government of Chhattisgarh, Mantralaya Mahanadi Bhawan Atal Nagar Naya Raipur District Raipur C.G. 2 - Director, Directorate of School Education, Indiravati Bhawan, Atal Nagar, Naya Raipur, District Raipur C.G. 10 3 - Employees Provident Fund Organization, Through Regional Provident Fund Commissioner- I Chhattisgarh, Block D Scheme 32 Indira Gandhi Vyavsaik Parisar, Pandari, Raipur, District Raipur C.G. --- Respondents WPS No. 831 of 2026 Abhishek Kumar Shrivas S/o Ashwani Kumar Shrivas Aged About 29 Years R/o Post And Village Dongarkharaud, Tehsil- Pamgarh, District- Janjgir- Champa (C.G.) --- Petitioner Versus 1 - State of Chhattisgarh Through The Secretary School Education, Government of Chhattisgarh, Mantralaya Mahanadi Bhawan Atal Nagar Naya Raipur District Raipur C.G. 2 - Director, Directorate of School Education, Indiravati Bhawan, Atal Nagar, Naya Raipur, District Raipur C.G. 3 - Employees Provident Fund Organization, Through Regional Provident Fund Commissioner- I Chhattisgarh, Block D Scheme 32 Indira Gandhi Vyavsaik Parisar, Pandari, Raipur, District Raipur C.G. --- Respondents WPS No. 1967 of 2026 Ritesh Kumar Panday S/o Brijraj Pandey Aged About 31 Years Resident Of Ward No.06 Block Officer, Near Pwd Office Ramchandrapur, District - Balrampur, Chhattisgarh. --- Petitioner Versus 1 - State of Chhattisgarh Through The Secretary School Education, Government of Chhattisgarh, Mantralaya Mahanadi Bhawan Atal Nagar Naya Raipur District Raipur C.G. 11 2 - Director, Directorate of School Education, Indiravati Bhawan, Atal Nagar, Naya Raipur, District Raipur C.G. 3 - Employees Provident Fund Organization, Through Regional Provident Fund Commissioner- I Chhattisgarh, Block D Scheme 32 Indira Gandhi Vyavsaik Parisar, Pandari, Raipur, District Raipur C.G. --- Respondents WPS No. 1649 of 2026 Anil Kumar Kushwaha S/o Jagat Kumar Kushwaha Aged About 41 Years R/o Village And Post- Karamdiha, Block- Wadrafnagar, District Balrampur C.G. --- Petitioner Versus 1 - State of Chhattisgarh Through The Secretary School Education, Government of Chhattisgarh, Mantralaya Mahanadi Bhawan Atal Nagar Naya Raipur District Raipur C.G. 2 - Director, Directorate of School Education, Indiravati Bhawan, Atal Nagar, Naya Raipur, District Raipur C.G. 3 - Employees Provident Fund Organization, Through Regional Provident Fund Commissioner- I Chhattisgarh, Block D Scheme 32 Indira Gandhi Vyavsaik Parisar, Pandari, Raipur, District Raipur C.G. --- Respondents For Petitioners : Mr. Rohit Sharma, Advocate For State/Respondent : Mr. Vivek Verma, GA along with Ms. Anuja Sharma, Dy. GA For Respondent/EPFO : Mr. Sunil Pillai, Advocate through VC & Mr. Pankaj Singh, Advocate (Hon’ble Shri Justice Bibhu Datta Guru) Order on Board 09/09/2026 1. Since common questions of fact and law are involved in all these writ petitions and the reliefs claimed therein arise out of substantially similar 12 circumstances, the petitions have been heard together and are being disposed of by this common order. For the sake of convenience, W.P.(S) No. 1620 of 2026 is taken as the lead case and the facts and pleadings therein are being referred to for the purpose of deciding the batch. 2. By the present writ petitions, the petitioners are mainly seeking a direction to the respondent authorities to extend to them the benefit of “equal pay for equal work” and also the benefit of provident fund contribution/parity, on the basis of their claim that they are similarly situated and are discharging duties comparable to the employees with whom parity is claimed. In all the petitions the petitioners have, inter alia, sought the following reliefs: “10.1 Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to forthwith extend to the petitioner and other similarly situated Data Entry Operators the benefit of Equal Pay for Equal Work, at par with the regular Data Entry Operators discharging identical duties and responsibilities, in terms of the law laid down by the Hon’ble Supreme Court in State of Punjab v. Jagjit Singh, (2017) 1 SCC 148. 10.2 Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to extend the benefit of statutory social security coverage under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, including registration on the EPF 13 Portal, allotment of Universal Account Numbers (UANs), and deposit of the requisite employer and employee contributions, together with all consequential benefits; 10.3 Direct the respondents to ensure payment of arrears of wages and statutory contributions towards provident fund along with accrued interest thereon, within a time-bound schedule, so as to secure full compliance with the constitutional and statutory mandate; 10.4 Pass such other and further writs, orders, or directions as this Hon’ble Court may deem just and proper in the facts and circumstances of the present case, in the interest of justice.” 3. Learned counsel appearing for the petitioners submits that the grievance of the petitioners has already been considered at the level of the Directorate of Public Instructions. It is submitted that, pursuant to the demand raised on behalf of the Data Entry Operators, the matter was considered by the Directorate of Public Instructions and an opinion/recommendation was submitted before the Secretary, School Education Department, Government of Chhattisgarh. Learned counsel submits that, so far as the claim of equal pay for equal work is concerned, the opinion furnished by the Directorate of Public Instructions vide Annexure P-1 is pending consideration before the School Education Department. 4. Learned counsel for the petitioners further submits that the position with 14 regard to the claim for EPF/provident fund contribution is also not in dispute. According to learned counsel, the material placed before the Court, as well as the stand taken by the State in its return, makes it clear that the said claim is also pending consideration before the Secretary, School Education Department. It is, therefore, submitted that at this stage the petitioners are not seeking adjudication of the merits of their claims by this Court, but only seek consideration and a decision by the competent authority on the claims already placed before it. Learned counsel for the petitioners, referring to the stand of the respondents in the return, submits that even the State has acknowledged that the matter relating to EPF is under consideration before the Secretary, School Education Department. It is further submitted that, insofar as the claim for equal pay for equal work is concerned, the opinion/recommendation furnished by the Directorate of Public Instructions is also pending before the School Education Department. Learned counsel, therefore, submits that the writ petitions may appropriately be disposed of by directing the Secretary, School Education Department, to consider the claims of the petitioners and take an appropriate decision on the basis of the opinion/recommendation furnished by the Directorate of Public Instructions. 5. At this juncture, learned State counsel, on instructions, submits that the matter relating to the claims of the petitioners is under consideration before the Secretary, School Education Department. Learned State counsel further submits that the competent authority shall take an appropriate decision in accordance with law and on the basis of the 15 recommendation/opinion made by the Directorate of Public Instructions. 6. The aforesaid submission is also borne out from the return filed on behalf of the State. In paragraph 8 of the return, while dealing with the claim relating to EPF/provident fund contribution, the respondents have specifically stated that the matter is “under consideration/pending before the Secretary, School Education Department” and, on that basis, the return itself proceeds to state that there is no cause of action at present. The relevant portion of the return reads as under: “That the matter is under consideration/pending before the Secretary, School Education Department and as such there is no cause of action at present. Therefore, the instant petition is not maintainable on this ground.” 7. Learned counsel appearing for the respondent/EPF does not dispute the aforesaid submissions. 8. I have heard learned counsel for the parties, perused the pleadings and the documents appended thereto. 9. From the pleadings on record and the submissions advanced by learned counsel for the parties, it is apparent that the claims raised by the petitioners have already travelled to the competent administrative authority and are presently awaiting consideration before the Secretary, School Education Department of the Govt. of Chhattisgarh. In such circumstances, this Court is not required, at this stage, to examine the rival claims of the parties on their merits, including the question as to whether the petitioners are substantively entitled to the benefit of equal pay for equal work or the social security coverage under the Employees’ 16 Provident Fund and Miscellaneous Provisions Act, 1952. Those questions are appropriately required to be considered, in the first instance, by the competent authority having regard to the applicable scheme, rules, instructions, relevant material and the opinion/recommendation furnished by the Directorate of Public Instructions. 10.Having regard to the aforesaid facts and the specific stand taken by the respondents, as also the submission made by learned State counsel that the matter is under consideration before the Secretary, School Education Department, this Court considers it appropriate to dispose of the present batch of writ petitions with a direction to the Secretary, School Education Department, Government of Chhattisgarh, to consider and decide the claims raised by the petitioners, in accordance with law and on its own merits. The entire exercise shall be undertaken and the decision shall be taken within a period of 50 days from the date of receipt of a copy of this order, keeping in view the opinion/ recommendation of the Directorate of Public Instructions and the material available on record. Thereafter, the decision so taken shall be communicated to the petitioners within a reasonable period. 11.It is made clear that while considering the subject matter the competent authority shall take into consideration the opinion/recommendation furnished by the Directorate of Public Instructions vide Annexure P-1, relied upon by the petitioners, along with the relevant records, applicable scheme/guidelines and all other material available before the Department. 17 12.With the aforesaid directions and observations, the present batch of writ petitions stands disposed of. 13.It is also made clear that this Court has not examined or expressed any opinion on the merits of the claim of the petitioners. The competent authority shall consider the claims independently and take a reasoned decision in accordance with law. SD/- (Bibhu Datta Guru) JUDGE ashu