1 CGHC010350512026 2026:CGHC:42548 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7144 of 2026 Mohammad Shoaeb Ansari S/o Ismail Ansari Aged About 61 Years R/o 907, Royal Green Colony, Lokmanya Tilak Ward, Jagdalpur, Bastar, Chhattisgarh --- Petitioner versus 1 - State of Chhattisgarh Through Secretary of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur Chhattisgarh 2 - The Director Directorate of Public Instructions, Department of School Education, Indrawati Bhavan, Atal Nagar Naya Raipur, District Raipur Chhattisgarh 3 - District Education Officer District Bastar Chhattisgarh --- Respondents WPS No. 7160 of 2026 Chandan Singh Sahane S/o Ramcharan Sahane, Aged About 63 Years R/o E- 14, Ward No. - 11, Ramkrishna Mission Ashram, V T C - Narayanpur, P. O. Narayanpur, Sub District - Narayanpur, District - Narayanpur, Chhattisgarh, Pin Code - 494661. ---Petitioner Versus 1 - State of Chhattisgarh Through Secretary of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur Chhattisgarh ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2026.10.01 17:52:10 +0530 2 2 - The Director Directorate of Public Instructions, Department of School Education, Indrawati Bhavan, Atal Nagar Naya Raipur, District Raipur Chhattisgarh 3 - District Education Officer District Narayanpur Chhattisgarh --- Respondents WPS No. 7151 of 2026 Sanjit Kumar Paul S/o Sahdev Chandra Paul Aged About 63 Years R/o 94/15, Kondagaon Road Garhbengal, Near Cheeku Dhaba, Near Ahujaa Palace, Garhbengal, P. O. Garhbengal, District - Narayanpur, Chhattisgarh, P I N Code - 494661. ---Petitioner Versus 1 - State of Chhattisgarh Through Secretary of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur Chhattisgarh 2 - The Director Directorate of Public Instructions, Department of School Education, Indrawati Bhavan, Atal Nagar Naya Raipur, District Raipur Chhattisgarh 3 - District Education Officer District Narayanpur, Chhattisgarh --- Respondents For Petitioners : Mr. Srijan Singh, Advocate For State/Respondents : Mr. Suyashdhar Badgaiya, GA along with Mr. Aditya Tiwari, PL (Hon’ble Shri Justice Bibhu Datta Guru) Order on Board 30/09/2026 1. Since the issue involved in all these writ petitions is common, they are being considered and decided by this common order. 2. By these petitions, the petitioners, who are/were employees/teachers of aided schools, have challenged the order dated 29.12.2016 (Annexure 3 P/1), whereby their claim for grant of pensionary benefits has been rejected. The petitioners seek parity in the matter of pensionary benefits with the employees of Government schools/other aided educational institutions. 3. Learned counsel for the petitioners submits that the petitioners were extended the benefits of the 5th and thereafter the 6th Pay Commission, and therefore, they are entitled to pensionary benefits on the principle of parity. 4. Learned State counsel opposes the petitions and submits that the issue raised in the present petitions has already been considered and decided by this Court in WPS No.2789 of 2017 and other connected matters, vide order dated 11.12.2025, wherein the claim of retired employees/teachers of aided schools for extension of pensionary benefits at par with Government employees has been rejected. 5. I have heard learned counsel for the parties and perused the documents. 6. From perusal of the documents, this Court finds that the issue involved in the present batch is squarely covered by the aforesaid decision of this Court rendered in WPS No.2789 of 2017 and connected matters, wherein this Court has passed the following order: 16. Very recently the Supreme Court in the matter of Vikram Bhalchandra Ghongade vs. Headmistress Girls High School and Junior College, Anji (Mothi), Tahsil and District Wardha and Others reported in (2025) 10 SCC 248 = 2025 LiveLaw (SC) 696 categorically held that 4 the posts in aided schools are either sanctioned by the Government or approved in accordance with the Rules and pay and allowances are also paid by the Government. The aided school teachers are also entitled to some of the conditions of service as are applicable to government teachers, with entitlement of pension, provident fund and gratuity as applicable, in accordance with the Rules brought out under Article 309 of the Constitution of India. 17. It is noteworthy to mention here that in the aforesaid decision the Supreme Court held that the aided school teachers are entitled to some of the conditions to service as are applicable to the government teachers in accordance with the rules brought out under Article 309 of the Constitution of India whereas in the cases at hand there is no such rules which have been framed in the said provisions of the Constitution. 18. Having considered the entire facts and circumstances of the case, this Court is of the considered view that in absence of particular rules, 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. 7. In view of the aforesaid judgment, the petitioners are not entitled to seek a direction for grant of pensionary benefits at par with the employees of 5 Government schools. The present petitions, therefore, deserve the same treatment. 8. Consequently, all these writ petitions are dismissed in terms of the judgment dated 11.12.2025 passed in WPS No.2789 of 2017 and connected matters. SD/- SD/- (Bibhu Datta Guru) JUDGE ashu