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2026 DAILYLAW 402 (CHH)

JEEWAN LAL BANJARE v. STATE OF CHHATTISGARH

WA/191/2026 · 2026-03-12

Shri Ravindra Kumar Agrawal

body2026

Judgment text

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1 2026:CGHC:11998-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 191 of 2026 1 - Jeewan Lal Banjare S/o Semme Lal Banjare Aged About 42 Years Presently Posted As Assistant Teacher At Govt. Primary School Devgarh, Block- Tamnar, District- Raigarh, C.G. 2 - Drupati Rathia W/o Ajay Kumar Rathia Aged About 41 Years Presently Posted As Assistant Teacher At Govt. Primary School Barmuda, Block- Tamnar, District- Raigarh, C.G. 3 - Khemlal Aditya S/o Gangaram Aditya Aged About 36 Years Presently Posted As Assistant Teacher At Govt. Primary School Barmuda, Block- Tamnar, District- Raigarh, C.G. 4 - Menka Sao W/o Dhaneshwar Sahu Aged About 38 Years Presently Posted As Assistant Teacher At Pm Shri Primary School Barpali, Block- Tamnar, District- Raigarh, C.G. 5 - Suman Bala Patnaik D/o Jagnarayan Patnaik Aged About 46 Years Presently Posted As Head Master At Govt. Pm Shri Primary School Barpali, Block- Tamnar, District- Raigarh, C.G. 6 - Suchita Tigga W/o Sanjay Kumar Aged About 39 Years Presently Posted As Assistant Teacher At Govt. Primary School Ukaripali, Block- Tamnar, District- Raigarh, C.G. 7 - Kanshi Ram Rathiya S/o Ram Lal Rathiya Aged About 41 Years Presently Posted As Assistant Teacher At Govt. Primary School Dagdahi, Block- Tamnar, District- Raigarh, C.G. 8 - Suresh Kumar Bhoy S/o Late Koli Ram Bhoy Aged About 53 Years ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2026.03.17 18:47:30 +0530 2 Presently Posted As Assistant Teacher At Govt. H.S.S. Devgarh, Block- Tamnar, District- Raigarh, C.G. 9 - Balram Shrivas S/o Shashibhushan Shrivas Aged About 50 Years Presently Posted As Assistant Teacher At Govt. Primary School Barkaspali, Block- Tamnar, District- Raigarh, C.G. 10 - Sanjay Lakra S/o Gabriel Lakra Aged About 43 Years Presently Posted As Assistant Teacher At Govt. Primary School Pelma, Block- Tamnar, District- Raigarh, C.G. 11 - Anil Prakash Tirkey S/o Johan Tirkey Aged About 51 Years Presently Posted As Assistant Teacher At Govt. Primary School Pelma, Block- Tamnar, District- Raigarh, C.G. 12 - Silbestar Kerketta S/o Ausustus Kerketta Aged About 53 Years Presently Posted As Assistant Teacher At Govt. Primary School Hinjhar, Block- Tamnar, District- Raigarh, C.G. 13 - Ashok Kumar Rathia S/o Lakhan Say Rathia Aged About 38 Years Presently Posted As Assistant Teacher At Govt. Primary School Urba Darripara, Block- Tamnar, District- Raigarh, C.G. 14 - Arun Kumar Choudhary S/o Khemkumar Choudhary Aged About 38 Years Presently Posted As Head Master At Govt. Primary School Urba Darripara, Block- Tamnar, District- Raigarh, C.G. 15 - Surendra Kumar Jangade S/o Jyotish Ram Jangade Aged About 42 Years Presently Posted As Assistant Teacher At Govt. Primary School Lalpur, Block- Tamnar, District- Raigarh, C.G. 16 - Nirita Painkra W/o Somraj Painkra Aged About 37 Years Presently Posted As Assistant Teacher At Govt. Primary School Dholnara, Block- Tamnar, District- Raigarh, C.G. 17 - Bhuwneshwar Prasad Sadawarti S/o Venudhar Sadawarti Aged About 51 Years Presently Posted As Assistant Teacher At Govt. Primary School Jaridih, Block- Tamnar, District- Raigarh, C.G. 18 - Sudha Choudhary W/o Vinod Kumar Choudhary, Aged About 43 Years Presently Posted As Assistant Teacher At Govt. Primary School Dholnara, Block- Tamnar, District- Raigarh, C.G. 3 19 - Ajay Kumar Painkra S/o Shyam Kumar Painkra Aged About 44 Years Presently Posted As Head Master At Govt. Primary School Hinjhar, Block- Tamnar, District- Raigarh, C.G. 20 - Divya Naik W/o Chitrasen Naik Aged About 40 Years Presently Posted As Assistant Teacher At Govt. Primary School Bhalumuda, Block- Tamnar, District- Raigarh, C.G. 21 - Ishwari Rathia W/o Pitambar Rathia Aged About 35 Years Presently Posted As Assistant Teacher At Govt. Primary School Chirramuda, Block- Tamnar, District- Raigarh, C.G. 22 - Dube Sai Rathia S/o Angar Sai Rathiya Aged About 42 Years Presently Posted As Assistant Teacher At Govt. Primary School Kathrapali, Block- Tamnar, District- Raigarh, C.G. 23 - Chhatter Singh Sidar S/o Late Chedu Singh Sidar, Aged About 35 Years Presently Posted As Assistant Teacher At Govt. Primary School Rodopali, Block- Tamnar, District- Raigarh, C.G. 24 - Vinod Kumar Choudhary S/o Vishwanath Choudhary Aged About 43 Years Presently Posted As Assistant Teacher At Govt. Primary School Borlajhariya, Block- Dhharamjaigarh District- Raigarh, C.G. 25 - Gulab Ram Painkra S/o Mehattar Painkra Aged About 37 Years Presently Posted As Assistant Teacher At Govt. Primary School Chingari, Block- Lailunga, District- Raigarh, C.G. 26 - Barat Ram Rathia S/o Beer Singh Rathia Aged About 35 Years Presently Posted As Assistant Teacher At Govt. Primary School Bartangar, Block- Lailunga, District- Raigarh, C.G. 27 - Koushalya Patel W/o Ajay Kumar Patel Aged About 34 Years Presently Posted As Assistant Teacher At Govt. Primary School Baljor, Block- Tamnar, District- Raigarh, C.G. 28 - Rajkumari Behra W/o Naveen Behra Aged About 39 Years Presently Posted As Assistant Teacher At Govt. Primary School Bajarmuda, Block- Tamnar, District- Raigarh, C.G. 29 - Hemlata Patel W/o Sunil Patel Aged About 36 Years Presently 4 Posted As Assistant Teacher At Govt. Primary School Saraitola, Block- Tamnar, District- Raigarh, C.G. 30 - Kanchan Sidar W/o Prince Sidar, Aged About 43 Years Presently Posted As Assistant Teacher At Govt. Primary School Dolesara, Block- Tamnar, District- Raigarh, C.G. 31 - Sunita Bhagat W/o Shriram Bhagat Aged About 38 Years Presently Posted As Assistant Teacher At Govt. Primary School Kunjemura, Block- Tamnar, District- Raigarh, C.G. 32 - Nirmala Patel W/o Bhishma Kumar Patel Aged About 43 Years Presently Posted As Assistant Teacher At Govt. Primary School Pata, Block- Tamnar, District- Raigarh, C.G. 33 - Nayan Barik S/o Sadanand Barik Aged About 37 Years Presently Posted As Assistant Teacher At Govt. Primary School Mouhapali, Block- Tamnar, District- Raigarh, C.G. 34 - Angad Ram Uraon S/o Natthu Ram Uraon Aged About 44 Years Presently Posted As Head Master At Govt. Primary School Darramuda, Block- Tamnar, District- Raigarh, C.G. 35 - Bijay Laleta Tigga W/o Prakash Tigga Aged About 49 Years Presently Posted As Head Master At Govt. Primary School Amaghat, Block- Tamnar, District- Raigarh, C.G. 36 - Damyanti Kehari W/o Parshuram Kehari, Aged About 36 Years Presently Posted As Assistant Teacher At Govt. Primary School Janjgir, Block- Tamnar, District- Raigarh, C.G. 37 - Hemvati Bhagat D/o Sudhuram Bhagat Aged About 37 Years Presently Posted As Assistant Teacher At Govt. Primary School Hunkara, Block- Tamnar, District- Raigarh, C.G. 38 - Lily Moris Ekka D/o Emanuel Ekka Aged About 43 Years Presently Posted As Assistant Teacher At Govt. Primary School Aouraimuda, Block- Tamnar, District- Raigarh, C.G. 39 - Haldhar Painkra S/o Ghansiram Painkra Aged About 34 Years Presently Posted As Assistant Teacher At Govt. Primary School Aouraimuda, Block- Tamnar, District- Raigarh, C.G. 5 40 - Rajani Rathiya W/o Sudarshan Prasad Rathiya Aged About 38 Years Presently Posted As Assistant Teacher At Govt. Primary School Rawanguda, Block- Tamnar, District- Raigarh, C.G. 41 - Rajesh Kesharwani S/o Jainarayan Kesharwani, Aged About 41 Years Presently Posted As Assistant Teacher At Govt. Primary School Punjipathara, Block- Tamnar, District- Raigarh, C.G. 42 - Triveni Rathia W/o Bhupesh Kumar Rathia Aged About 34 Years Presently Posted As Assistant Teacher At Govt. Primary School Chharatanger Block- Gharghoda, District- Raigarh, C.G. 43 - Babee Sidar W/o Uttar Sidar Aged About 39 Years Presently Posted As Assistant Teacher At Govt. Primary School Mauhapali, Block- Tamnar, District- Raigarh, C.G. 44 - Veer Singh Rathia S/o Bhagirathi Rathia Aged About 39 Years Presently Posted As Assistant Teacher At Govt. Primary School Utar Regaon, Block- Tamnar, District- Raigarh, C.G. 45 - Mahettar Sidar S/o Anand Ram Sidar Aged About 39 Years Presently Posted As Assistant Teacher At Govt. Boys Primary School Tamnar, Block- Tamnar, District- Raigarh, C.G. 46 - Smita Gupta W/o Vinod Singh Thakur Aged About 41 Years Presently Posted As Assistant Teacher At Govt. Boys Primary School Tamnar, Block- Tamnar, District- Raigarh, C.G. 47 - Kamlesh Kumar Dewata S/o Keshaw Prasad Dewata Aged About 48 Years Presently Posted As Assistant Teacher At Govt. Primary School Budiya, Block- Tamnar, District- Raigarh, C.G. 48 - Anita Dewata W/o Umendra Kumar Dewata Aged About 44 Years Presently Posted As Assistant Teacher At Govt. Primary School Patrapara, Block- Tamnar, District- Raigarh, C.G. 49 - Laxmi Choudhary W/o Rupkumar Choudhary Aged About 42 Years Presently Posted As Assistant Teacher At Govt. Primary School Jamchuwan, Block- Tamnar, District- Raigarh, C.G. 50 - Nirmal Xess S/o Babulal Xess Aged About 35 Years Presently 6 Posted As Assistant Teacher At Govt. Primary School Harradih, Block- Tamnar, District- Raigarh, C.G. 51 - Priyanka Painkra W/o Harish Chandra Painkra Aged About 37 Years Presently Posted As Assistant Teacher At Govt. Primary School Bankheta, Block- Tamnar, District- Raigarh, C.G. 52 - Kumari Naik W/o Vivek Naik Aged About 47 Years Presently Posted As Assistant Teacher At Govt. Primary School Gorhi, Block- Tamnar, District- Raigarh, C.G. 53 - Manoj Kumar Sao S/o Ramlal Sao Aged About 39 Years Presently Posted As Assistant Teacher At Govt. Primary School Raipara, Block- Tamnar, District- Raigarh, C.G. 54 - Ramvati Khunte W/o Hari Ram Khunte Aged About 39 Years Presently Posted As Assistant Teacher At Govt. Primary School Dhengurchuwan, Block- Tamnar, District- Raigarh, C.G. 55 - Indrabina Bhagat D/o Jairam Bhagat Aged About 39 Years Presently Posted As Head Master At Govt. Primary School Barkaspali, Block- Tamnar, District- Raigarh, C.G. 56 - Shanti Kumar Rathia S/o Ajamber Singh Rathia Aged About 39 Years Presently Posted As Assistant Teacher At Govt. Primary School Rabo, Block- Tamnar, District- Raigarh, C.G. 57 - Laxmi Kant Porte S/o Balbhadra Singh Porte Aged About 48 Years Presently Posted As Assistant Teacher At Govt. Primary School Nundarha, Block- Tamnar, District- Raigarh, C.G. 58 - Girdhari Behra S/o Sahdev Behra Aged About 36 Years Presently Posted As Assistant Teacher At Govt. Higher Secondary School Urba, Block- Tamnar, District- Raigarh, C.G. 59 - Jyoti Karanj D/o Lakhpati Karanj, Aged About 37 Years Presently Posted As Assistant Teacher At Govt. Primary School Lalpur Sadak, Block- Tamnar, District- Raigarh, C.G. 60 - Satywati Singh D/o Eyaram Sidar Aged About 37 Years Presently Posted As Assistant Teacher At Govt. Primary School Milupara, Block- Tamnar, District- Raigarh, C.G. 7 61 - Surendra Kumar Behra S/o Hiralal Behra Aged About 49 Years Presently Posted As Head Master At Govt. Primary School Lalpur Sadak, Block- Tamnar, District- Raigarh, C.G. 62 - Kanchana Sidar W/o Jagannath Sidar Aged About 37 Years Presently Posted As Assistant Teacher At Govt. Primary School Kharra, Block- Tamnar, District- Raigarh, C.G. 63 - Saraswati Sidar D/o Mahesh Ram Sidar Aged About 35 Years Presently Posted As Assistant Teacher At Govt. Primary School Sakta, Block- Tamnar, District- Raigarh, C.G. 64 - Jayram Sidar S/o Karam Singh Sidar Aged About 44 Years Presently Posted As Assistant Teacher At Govt. Primary School Bandhapali, Block- Tamnar, District- Raigarh, C.G. 65 - Purushottam Lal Rathiya S/o Chain Singh Rathiya Aged About 36 Years Presently Posted As Assistant Teacher At Govt. Primary School Sidarpara (Milupara), Block- Tamnar, District- Raigarh, C.G. ... Petitioner(s) 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. 4 - Commissioner Cum Director Directorate Of Panchayat, Atal Nagar, Naya Raipur, District Raipur, C.G. 5 - District Education Officer District - Raigarh, C.G. 6 - Chief Executive Officer Zila Panchayat, Raigarh, District - Raigarh, C.G. 8 7 - Chief Executive Officer Janpad Panchayat, Tamnar, District - Raigarh, C.G. 8 - Chief Executive Officer Janpad Panchayat, Dharamjaigarh, District - Raigarh, C.G. 9 - Chief Executive Officer Janpad Panchayat, Lailunga, District - Raigarh, C.G. 10 - Chief Executive Officer Janpad Panchayat, Gharghoda, District - Raigarh, C.G. 11 - Block Education Officer Block- Tamnar, District - Raigarh, C.G. 12 - Block Education Officer Block- Dharamjaigarh, District – Raigarh, C.G. 13 - Block Education Officer Block- Lailunga, District - Raigarh, C.G. 14 - Block Education Officer Block- Gharghoda, District - Raigarh, C.G. ... Respondent(s) For Petitioner(s) : Mr. Manoj Paranjpe, Sr. Advocate, along with Mr. Devashish Tiwari, and Mr. Shiv Sewak, Advocates. For Respondent/State : Mr. Prasun Bhaduri, Dy. Advocate General, Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 13/03/2026 1. Heard on I.A. No. 01/2026, which is the application for condonation of delay in filing the writ appeal. 2. On due consideration and for the reasons mentioned in the 9 application, I.A. No. 01/2026 is allowed, and the delay of 26 days in filing the writ appeal is condoned. 3. Heard. 4. This is a writ appeal filed by the writ appellants/petitioners against the impugned order dated 24.11.2025, passed by the learned Single Judge in WPS No. 11976/2025, whereby the writ petition filed by the writ appellants/ petitioners has been dismissed. 5. The brief facts of the case are that between 2008 and 2013, the petitioners were appointed to the post of Shiksha Karmi Grade-III/Shiksha Karmi Grade-II by the Chief Executive Officer of the concerned Janpad Panchayat/Jila Panchayat. After completion of two years from the date of their respective joining, the petitioners’ services were regularized by the Chief Executive Officer, Janpad Panchayat and Jila Panchayat, respectively. At the time of their appointment, the Chhattisgarh Panchayat Shiksha Karmi (Recruitment and Condition of Service) Rules 2007 (in short ‘Rules of 2007’) were applicable. The Chhattisgarh Teacher (Panchayat) Cadre (Recruitment and Conditions of Service) Rules 2012 (in short ‘Rules of 2012’) have been framed under clause (b) of sub-section (1) of Section 53 and sub-section (1) of Section 70 read with sub-section (1) of Section 95 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (in short ‘Act of 1993’). The petitioners were working as Panchayat Shiksha Karmi from the date of their appointment till 2018, when they were absorbed in the school education department pursuant to the policy of the State Government, Department of School Education, Chhattisgarh, dated 30.06.2018. It is the claim of 10 the writ appellants/petitioners that the State of Chhattisgarh issued a Circular dated 10.03.2017, granting benefits of Kramonnati to the Assistant Teachers and one Smt. Sona Sahu had filed a Writ Petition (S) No. 3006/2020, before this Court and claimed that she has served as Assistant Teacher for more than 10 years from the date of her joining but she has not been granted Kramonnati under the existing service rules and as per the Circular dated 10.03.2017 and 17.03.2019 she is entitled for Kramonnati as she had joined in service on 01.08.2005. The writ petition filed by Smt. Sona Sahu, though dismissed by the learned Single Judge, the writ appeal No. 261/2023 was allowed by this Court on 28-02-2024, and held the petitioner (Smt. Sona Sahu) entitled to Kramonnati after completion of ten years of service under the Circular dated 10.03.2017. The petitioners are also on the same footing, and they are also entitled to Kramonnati after completion of ten years of their joining in the service, and their cases are squarely covered by the case of Smt. Sona Sahu (Writ Appeal No. 261/2023) decided on 28-02- 2024 by the Hon’ble Division Bench of this Court. 6. It is also the claim of the writ appellants/petitioners that against the order dated 28-02-2024, passed in Writ Appeal No. 261/2023, and order dated 23-07-2024 passed by this Court in Review Petition No. 147/2024, the State Government had filed SLP(C) (Diary No. 58525/2024), before the Hon’ble Supreme Court which has also been dismissed on 17.03.2025, and thus the petitioners are also entitled for the benefit of Kramonnati Vetanman, which has been granted to Smt. Sona Sahu (Writ Appeal No. 261/2023). 11 7. The present writ petition along with batch of other writ petitions, claiming the similar relief, were came up for consideration before the learned Single Judge and after hearing the parties, the learned Single Judge passed the order on 24.11.2025, dismissed all the writ petitions filed by the petitioners, holding that till the absorption of the petitioners with the school education department, they were Shiksha Karmi and their services were governed by the separate rules framed under the Panchayat Raj Adhiniyam, 1993, and their designation as Assistant Teacher(Panchayat)/Teacher (Panchayat) changed only after their absorption and therefore, the circular dated 10.03.2017 is not applicable to the case of the petitioners. 8. Learned Senior Advocate, appearing for the writ appellants/petitioners, would submit that the petitioners are entitled to Kramonnati Vetanman after completing 10 years of their services under the Circular dated 10.03.2017. From the date of their joining the petitioners have not received any promotion nor been given any upgradation in their pay scale after the merger of their services with the school education department and introduction of Chhattisgarh School Education Services (Educational and Administrative Cadre) Recruitment and Promotion Rules, 2019 (hereinafter “2019 Recruitment Rules”) the State Government introduced the policy of equal work and equal pay which provided equal pay scale for the teachers E-cadre and teacher E(LB) cadre. Further order dated 06.01.2019 issued by the Department of School Education, Government of Chhattisgarh, provided that the teacher LB Cadre, who were earlier working as Teacher Panchayat /LB 12 cadre, will be provided promotion/time-bound scale pay by the former employer after scrutinising their eligibility. 9. He would further submit that the case of the petitioners is squarely covered by the judgment of Smt. Sona Sahu vs. State of Chhattisgarh and others (WA No. 261/2023) decided by this Court on 28-02-2024, yet the writ petition has been dismissed by the learned Single Judge. The petitioners have completed ten years of their services, but they have not been granted the benefit of Kramonnati Vetanman. 10. He would also submit that the learned Single Judge cannot take a different view against the order passed by the Hon’ble Division Bench of this Court when the claim in both these petitions is the same. The present writ appellants/petitioners are also claiming the benefit under the Circular dated 10.03.2017. He would also submit that the service under the Panchayat Raj Adhiniyam 1993 is also a Government Service; therefore, the petitioners cannot be kept away from the benefit of the Circular dated 10.03.2017. Therefore, the impugned order may be set aside, and the petitioners may be granted the benefit of Kramonnati at par with Smt. Sona Sahu (Writ Appeal No. 261/2023) by allowing the writ petition. 11. Per contra, learned counsel appearing for the Respondent/State submits that the learned Single Judge, after having considered the entire facts and circumstances of the case as well as the law laid down by the Hon’ble Supreme Court and also considered the various circulars issued by the State Government, passed the order, distinguishing the facts of the case of Smt. Sona Sahu (Writ Appeal No. 261/2023) with 13 that of the present writ petitions and held that the petitioners are not entitled to Kramonnati Vetanman under the Circular dated 10.03.2017. 12. It has also been submitted that the judgment in the case of Smt. Sona Sahu (Writ Appeal No. 261/2023) does not apply to the present case. In the said case, the facts were different, as the petitioner therein was treated as an Assistant Teacher from the initial appointment and was working under the School Education Department, whereas the present petitioners were Shiksha Karmi under the Panchayat Department. It is further submitted that various Division Bench and Single Bench judgments of this Court in WP(S) No. 208/2012, WP(S) No. 2530/2017 & Others, WP(S) No. 10335/2019, WP(S) No. 1021/2021 and WP(S) No. 3369/2021 & Others have consistently held that Shiksha Karmi are not entitled to pay scale or other service benefits at par with the teachers of the School Education Department. 13. The Hon’ble Supreme Court dismissed the SLP filed by the State Government against the order passed in Writ Appeal No. 261/2023 and Review Petition No. 147/2024, under the peculiar facts of the case of Smt. Sona Sahu. Consequently, this Court is competent to independently examine the entitlement of the petitioners to Kramonnati Vetanman under the Circular dated 10.03.2017. 14. The Circular dated 10.03.2017 specifically applies to teachers of the School Education Department or State Government employees, and not to Panchayat employees, including Shiksha Karmi. Therefore, reliance placed by the petitioners on the Circular dated 10.03.2017 is misconceived. It is further submitted that under settled principles of 14 service jurisprudence, any person claiming parity must establish that they are similarly situated in all material aspects. Since the petitioners have failed to demonstrate such similarity with the case of Smt. Sona Sahu (Writ Appeal No. 261/2023), they are not entitled to the relief sought, and therefore, the writ petition has rightly been dismissed by the learned Single Judge, and there is no merit in the writ appeal, and the same is also liable to be dismissed. 15. We have heard learned counsel for the parties and perused the material annexed with the writ petition as well as writ appeal, and gone through the pleadings of the parties. 16. The entire controversy revolved around the Circular dated 10.03.2017 issued by the State Government with respect to the grant of Kramonnati Vetanman to the Assistant Teachers. It is necessary to notice here the circular dated 10.03.2017, which reads as under: छत्तीसगढ़ शासन समान्य प्रशासन विभाग मात्रालय माहानदी भान, नय रायप्र क्रमाक एफ 10-1/2008/1-3 नय रायपुरा दिदीनक 10/03/2017 प्रवि, शासन क समास् विभाग, अध्यक्ष, छत्तीसगढ़ राजस् माण्डल, वि(लसपुरा समास् विभागध्यक्ष, समास् सभागयक् समास् कल क्टस+, छत्तीसगढ़ विषय :- सहायक शिशाक्षक. क/ कमा/न्नवि  नमान प्रदीय विकए जन ((1। सदीभा+ :- इस विभाग क समासख्यक पुरिरापुत्रा दिदीनक 24.04.2006. -00- इस विभाग क सदीर्भिभा7 पुरिरापुत्रा द्वारा शिशाक्षक सग+ मा9 सहायक शिशाक्षक, शिशाक्षक था व्याख्य क/ समान्य प्रशासन विभाग क पुरिरापुत्रा कमाक एफ 1-1/1/ आप्र/99, दिदीनक 15 17.03.1999/19.04.1999 मा9 विनविहा शा= क अध्यधीन प्रथान कमा/न्नवि 12 ष+ (दी था विद्वाय क्रमा/न्नवि 24 ष+ (दी प्रदीन विकय गय हा?। वित्ती विभाग क ज्ञापुन कमाक 216/स- 2802/10/वित्ती/विनयमा/धीरा, दिदीनक 04.08.2010 ( वित्ती विनदीAशा 32/2010) द्वारा क्रमा/न्नवि य/जन क/ सशा/धिधी करा शिशाक्षक था व्याख्य सग+ क/ प्रथामा उच्चरा समायमान  नमान 10 ष+ (दी ए विद्वाय उच्चरा समायमान  नमान 20 ष+ (दी दी न क विनर्ण+य शिलय गय हा?। 2/ अए उपुरा/क् विनर्ण+य क पुरिराप्र क्ष्य मा9 राज्य शासन द्वारा विनर्ण+य शिलय गय हा? विक इस विभाग क सदीर्भिभा7 पुरिरापुत्रा दिदीनक 24.04.2006 कH क विडक-2 मा9 " सहायक शिशाक्षक" क/ प्रथामा कमा/न्नवि 10 ष+ (दी ए विद्वाय क्रमा/न्नवि 20 ष+ (दी प्रदीन कH जए। 3/ उपुरा/क् विनर्ण+य क स(धी मा9 यहा स्पष्ट विकय ज हा? विक कमा/न्नवि कH दी य विशिथा क अनसरा क ल कल्पुविनक  न विनधी+रार्ण विकय जएग ए विकस प्रकरा क एरिरायस+ दी य नहाL हा.ग । 4/ यहा आदी शा वित्ती विभाग क कम्प्यNटरा कमाक एफ-2017-01-01093 दिदीनक 09.02.2017 द्वारा दी गई सहामावि क आधीरा पुरा जरा विकय गय हा?। छत्तीसगढ़ क राज्यपुल क नमा स था आदी शानसरा, (एमा.आरा.ठो/कN रा) अरा सशिQ, छत्तीसगढ़ शासन समान्य प्रशासन विभाग 17. From perusal of the contents of the circular dated 10.03.2017, it is quite vivid that the Assistant Teachers, who were in Government service, are to be granted first Kramonnati Vetanman after 10 years of their service and second Kromonnati Vetanman after 20 years of their service, and the teachers and lecturers are to be granted first time- bound pay scale after 10 years of service and second time-bound pay scale after 20 years of service. 18. From Para-8.8 of the writ petition, undisputedly the petitioners have been appointed to the post of Shiksha Karmi Grade-III/Grade-II between the period of 2008 and 2013. It is also relevant to notice here paragraph 8.8 of the writ petition, which reads as follows: “8.8 Between 2008-2013, the Chief Executive Officer of Janpad Panchayat appointed the Petitioners in 16 the post of Assistant Teacher Shikshakarmi Grade- 3/Teacher- Shikshakarmi Grade 2. After completion of 2 years from the date of joining, the Petitionerswho were appointed as Assistant Teachers were Regularization by the Chief Executive Officer of Janpad Panchayat and Teachers were Regularization by the Chief Executive Officer of Zila Panchayat.” 19. When the petitioners in the present writ petition were appointed between 2008 and 2013, they had not completed 10 years of their service on the date when the Circular dated 10.03.2017 was issued. 20. From a bare perusal of the Circular dated 10.03.2017, it is abundantly clear that the said circular does not deal with or extend benefits to the Teachers belonging to the Panchayat Cadre, including Shiksha Karmi. The circular specifically provides for the grant of first- time-bound pay scale and second-time-bound pay scale to regular Government employees, in accordance with the earlier circulars issued by the State Government dated 17.03.1999 and 19.04.1999. 21. In the present case, the petitioners were working as Shiksha Karmi under the Panchayat Department, and it is an undisputed position that Shiksha Karmi were not employees of the State Government until their absorption into the School Education Department pursuant to the policy decision of the State Government dated 30.06.2018. Before such absorption, their appointment, service conditions, and other benefits were governed by the statutory framework applicable to Panchayat employees, and not by the rules or circulars applicable to State Government employees. 17 22. Therefore, since the petitioners were admittedly the employees of the Panchayat Department before the absorption policy came into force, they cannot claim the status of a Government Servant for the purpose of seeking the benefit of time-bound pay scale or Kramonnati Vetanman under the Circular dated 10.03.2017. Their service conditions were governed by the Chhattisgarh Panchayat Shiksha Karmi (Recruitment and Conditions of Service) Rules, 2007, the Rules of 2012, or any other rules framed under Section 95 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993, which regulate the service conditions of Panchayat employees. 23. Thus, in view of the clear distinction between State Government employees and Panchayat cadre employees, the petitioners cannot derive any benefit from the Circular dated 10.03.2017 or the earlier circulars dated 17.03.1999/19.04.1999, as those circulars apply solely to Government servants of the State, and not to employees appointed under the Panchayat department. 24. The distinguishable feature of the case of Smt. Sona Sahu (Writ Appeal No. 261/2023) are that she was appointed to the post of Assistant Teacher vide order dated 29.07.2005 and was posted at Government Primary School, Narayanpur. On 01.07.2011, the State Government, Department of Finance and Planning issued a Circular regarding Kramonnati Vetanman to the employees. The Department of Panchayat and Rural Department, Chhattisgarh, Raipur, also issued a Circular dated 02.11.2011 regarding Kramonnati Vetanman after completion of 10 years of service. On 17.05.2013, the department of 18 Panchayat and Rural Development, Chhattisgarh, Raipur issued another circular with respect to the equalisation of pay scale between Government Teachers and Teacher Panchayat after completion of 08 years of their services. Further, vide circular dated 14.11.2014, the earlier circular dated 02.11.2011 was cancelled with effect from 01.05.2013. The petitioner was granted the benefit of Kramonnati Vetanman vide order dated 15.01.2020, but the said order was cancelled vide order dated 29.02.2020 on the ground that the Circular dated 02.11.2011 has already been cancelled with effect from 01.05.2013 vide order dated 14.11.2014, and since the petitioner, who has not completed 10 years of her service in the cadre, was not entitled to Kramonnati Vetanman. While passing the order dated 15.01.2020, the authorities had considered the circulars dated 07.03.2019, 06.04.2019, and granted Kramonnati Vetanman to Sona Sahu with effect from 01.08.2015 and thereafter the concerned authority sou motu re-considered the order dated 15.01.2020 and passed the order on 29.02.2020, by which the benefit granted to Smt. Sona Sahu was cancelled. While considering the matter, the concerned authority had not consider the circular dated 10.03.2017 and 07.03.2019. In the peculiar facts of the case of Smt. Sona Sahu (Writ Appeal No. 261/2023) was granted the benefit of Kramonnati Vetanman, vide order dated 28.02.2024, passed in Writ Appeal No. 261/2023. The challenge of the order dated 28.02.2024 passed in Writ Appeal No. 261/2023, and Review Petition No. 147/2024 is dismissed by the Hon’ble Supreme Court vide order dated 17.03.2025, passed in SLP (C) Diary No. 19 58525/2024, by observing that in the peculiar facts of the case of Smt. Sona Sahu, no interference is called for, and accordingly, the SLP(C) was dismissed by the Hon’ble Supreme Court. 25. In the present case, the petitioners are appointed to the post of Shiksha Karmi by the Panchayat Department. They were not government employees till 2018, when their services were absorbed by the school education department. Therefore, they cannot claim parity and benefit at par as has been granted to Smt. Sona Sahu (Writ Appeal No. 261/2023). 26. Further, Clauses 4 and 5 of the absorption order dated 30.06.2018 clearly restrict the grant of any benefit to the employees of the Panchayat Department whose services have been absorbed with the school education department for the benefit of arrears prior to 01.07.2018. Clauses 4 and 5 of the absorption order dated read as under: “4/ शिक्षक (एल.बी.) सं वर्ग क देय संमस्त लभ क लिलय संव क र्गणना सं विवलिलयना दिदेनाक 01 जुलई 2018 सं क जुयर्ग। 5/ दिदेनाक 01 जुलई 2018 क पू#व क अवलि% क लिलय विकसं भ प्रकर क एरिरयसं क पूत्रत नाहीं+ हींर्ग।" 27. On 06.04.2019, the State Government School Education Department issued another Circular with respect to the further proceedings under the Rules of 2019, in which it has been provided that: " इसं विवभर्ग द्वार जुर सं विवलिलयना विनादे. कम क एक दिदेना क 30.06.2018 क क वि/क 5 म0 स्पष्ट उल्लखि6त हीं7, विक दिदेना क 20 01.07.2018 क पू#व क अवलि% क लिलए विकसं भ प्रकर क एरिरयसं क पूत्रत नाहीं हींर्ग अर्था त पू#व क एरिरयसं स्क# ल शिक्ष विवभर्ग द्वार देय नाहीं+ हीं9र्ग। पू#व म0 शिक्षक (पू चायत/ नार्गरय विनाकय) सं वर्ग क कम चार, जु वत मना म0 शिक्षक एल.बी. सं वर्ग क रूपू म0 कय रत हीं<, क सं विवलिलयना पू#व क अवलि% क ल विबीत स्वत्व9 क भर्गतना पूत्रतनासंर सं बी लि%त विवभर्ग द्वार हीं विकय जुयर्ग।" 28. The present writ appeal has been filed by the appellants/petitioners seeking the benefit of Kramonnati under the Circular dated 10.03.2017, claiming parity with the case of Smt. Sona Sahu (Writ Appeal No. 261/2023). The petitioners were initially appointed as Shiksha Karmi under the Panchayat Department between 2008 and 2013, and their services were regularized by the order passed by the Chief Executive Officer of the respective Janpad and Zila Panchayats. They continued to serve under the Panchayat department till 2018, when they were absorbed into the School Education Department pursuant to the State Government policy dated 30.06.2018. Their service prior to absorption was governed by the Chhattisgarh Panchayat Shiksha Karmi Rules, 2007, and subsequent rules framed under the Panchayat Raj Adhiniyam, 1993. 29. The Circular dated 10.03.2017, on which the petitioners rely, specifically applies to Assistant Teachers under the School Education Department who have completed 10 years of service. In contrast, the petitioners’ service as Shiksha Karmi under the Panchayat department cannot be treated as equivalent to service under the School Education Department. The factual distinction is material, and the principles of 21 parity require that employees claiming equal treatment must be similarly situated in all material aspects, which is not the case here. 30. This has consistently held in WP(S) No. 208/2012, WP(S) No. 2530/2017, WP(S) No. 10335/2019, WP(S) No. 1021/2021, and WP(S) No. 3369/2021 that the services of the Shiksha Karmi governed by Panchayat rules are not entitled to pay scales or other benefits applicable to teachers of the School Education Department. The learned Single Judge rightly distinguished the case of Smt. Sona Sahu (Writ Appeal No. 261/2023), after independently examining the entitlement of the petitioners, concluded that the Circular dated 10.03.2017 does not apply to their service. 31. The learned Single Judge after adverting and considering the entire facts and circumstances of the case, elaborately considered various judgments passed by Hon’ble Supreme Court in the case of Rohan Vijay Nahar and Others v. The State of Maharashtra and Others 2025 INSC 1296, State of Punjab and Others vs. Jagjit Singh and Others, 2017 (1) SCC 148, Khoday Distiliaries Limited (Now known as Khoday India Limited) and Others vs. Shree Mahadeshwara Shahkara Sakkare Karkhane Limited Kollegal 2019 (4) SCC 376 and Ravi Prakash Sahu vs. State of Chhattisgarh order dated 08-09-2025 passed learned Single Judge of this Court in WPS No. 10335/2019, decided the writ petition filed by the writ appellants/petitioners in which, we do not find perversity or infirmity. The 22 consideration of the learned Single Judge in the impugned order is well merited based on a proper appreciation of the facts and law applicable to the case. 32. Upon perusing the impugned order, we notice that the same has been rendered by the learned Single Judge with cogent and justifiable reasons. In an intra-court appeal, no interference is usually warranted unless palpable infirmities are noticed. Learned Single Judge while dismissing the writ petition by the impugned order has adverted to all the facts of the case. We do not find any fault in the impugned order. 33. In view of the above, the writ appellants/petitioners have failed to demonstrate that they are similarly situated to the petitioner in Writ Appeal No. 261/2023 (Smt. Sona Sahu v. State of Chhattisgarh and Others). Their claim under the Circular dated 10.03.2017 is, therefore, misconceived, and the learned Single Judge has rightly dismissed the writ petition. Accordingly, the present writ appeal is devoid of merit and is hereby dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Alok