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2026 DAILYLAW 7470 (CHH)

SAVITRI YADAV v. STATE OF CHHATTISGARH

WPS/10337/2025 · 2026-04-23

Shri Parth Prateem Sahu

body2026

Judgment text

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1 2026:CGHC:19057 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 10337 of 2025 1 - Savitri Yadav W/o Maheshwar Ram Yadav, Aged About 42 Years Presently Posted As Assistant Teacher At Govt. Primary School Dhodharamba, Block - Bagicha, District Jashpur (C.G.) 2 - Ashok Kumar Tigga, S/o Abraham Tigga, Aged About 53 Years Presently Posted As Head Master At Govt. Primary School Dinamunda Block - Bagicha, District - Jashpur (C.G.) 3 - Praphulla Panna W/o Jaypal Panna, Aged About 51 Years Presently Posted As Assistant Teacher At Govt. Primary School Dinamunda, Block - Bagicha, District - Jashpur (C.G.) 4 - Raja Ram Yadav S/o Balpan Yadav, Aged About 48 Years Presently Posted As Teacher At Govt. Middle School Mahnai, Block - Bagicha, District - Jashpur (C.G.) 5 - Bajrang Lal Nishad, S/o Raghunath Ram, Aged About 50 Years Presently Posted As Teacher At Govt. Middle School Saraipali, Block - Bagicha, District - Jashpur (C.G.) 6 - Anuradha Pandey, W/o Manoj Kumar Pandey, Aged About 41 Years Presently Posted As Assistant Teacher At Govt. Middle School Kadamtoli Ghughri, Block - Bagicha, District - Jashpur (C.G.) 7 - Sangeeta Tirkey, W/o Pradeep Kishor Tirkey, Aged About 48 Years ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2026.04.25 10:42:01 +0530 2 Presently Posted As Assistant Teacher At Govt. Primary School Rajpur, Block - Bagicha, District - Jashpur (C.G.) 8 - Dinesh Toppo, S/o Peter Paul Toppo, Aged About 51 Years Presently Posted As Teacher At Govt. Middle School Bhadu, Block - Bagicha, District - Jashpur (C.G.) 9 - Kanti Ekka, W/o Anuranjan Ekka, Aged About 54 Years Presently Posted As Head Master At Govt. Primary School Keratoli Block - Bagicha, District - Jashpur (C.G.) 10 - Firdina Xaxa, W/o Sunil Xaxa, Aged About 44 Years Presently Posted As Head Master At Govt. Primary School Mahuadih, Block - Bagicha, District - Jashpur (C.G.) 11 - Anuja Kerketta, S/o Raj Kumar Beck, Aged About 39 Years Presently Posted As Head Master At Govt. Primary School Gamhariya, Block - Bagicha, District - Jashpur (C.G.) 12 - Bheema Ram S/o Bharkul Ram, Aged About 40 Years Presently Posted As Head Master At Govt. Primary School Kadampath, Block - Bagicha, District - Jashpur (C.G.) 13 - Prasann Kumari Minj W/o Ajay Neelam Ekka, Aged About 41 Years Presently Posted As Head Master At Govt. Primary School Dhodhramba, Block - Bagicha, District - Jashpur (C.G.) 14 - Shashit Prabha Toppo, W/o Alok Kumar Toppo, Aged About 40 Years Presently Posted As Head Master At Govt. Primary School Kanchandih, Block - Bagicha, District - Jashpur (C.G.) 15 - Vijay Prasan Minj W/o Pradeep Ekka, Aged About 43 Years Presently Posted As Head Master At Govt. Primary School Pandrapath, Block - Bagicha, District - Jashpur (C.G.) 16 - Jaiman Ram Bhagat, S/o Khasu Ram Aged About 58 Years Presently 3 Posted As Head Master At Govt. Primary School Darritoly, Block - Bagicha, District - Jashpur (C.G.) 17 - Basanti Tirkey W/o Jaiman Ram Bhagat, Aged About 49 Years Presently Posted As Head Master At Govt. Boys Ashram School Pandrapath, Block - Bagicha, District - Jashpur (C.G.) 18 - Rakesh Kumar Singh S/o Kamla Singh Yadav, Aged About 44 Years Presently Posted As Head Master At Govt. Primary School Musgutri, Block - Bagicha, District - Jashpur (C.G.) 19 - Sudama Ram Bhagat, S/o Shri Jainath Bhagat, Aged About 51 Years Presently Posted As Head Master At Govt. Primary School Mahanaj, Block - Bagicha, District - Jashpur (C.G.) 20 - Uttam Kumar Painkra, S/o Hariwansh Rai Painkra, Aged About 38 Years Presently Posted As Teacher At Govt. Middle School Pandripani, Block - Farsabahar, District - Jashpur (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.) 4 - Commissioner Cum Director Directorate Of Panchayat, Atal Nagar Naya Raipur, District Raipur (C.G.) 4 5 - District Education Officer, District Jashpur (C.G.) 6 - Chief Executive Officer, Zila Panchayat, Jashpur, District Jashpur (C.G.) 7 - Chief Executive Officer, Janpad Panchayat, Bagicha, District - Jashpur (C.G.) 8 - Chief Executive Officer, Janpad Panchayat, Farsabahar, District Jashpur (C.G.) 9 - Block Education Officer, Block Bagicha, District Jashpur (C.G.) 10 - Block Education Officer, Block Farsabahar, District Jashpur (C.G.) ... Respondents For Petitioners : Mr. Deepak Kaushik, Advocate For Respondents/State : Mrs. Anuja Sharma, Dy. Govt. Advocate For Respondent no. 6 : Mr. Ashish Pandey, Advocate appears on behalf of Mr. Harshmender Rastogi, Advocate Hon'ble Shri Justice Parth Prateem Sahu Order On Board 24.04.2026 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 directing the respondents to implement the 2017’s Kramonati 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 5 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 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 examine the same within the appropriate period as this Hon’ble Court may deem fit, and in the even the authorities come to the conclusion that the Petitioners for benefits of upgradation in the pay scale and claims, same be paid to the petitioners within 60 days.” 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 6 Panchayat Department and thereafter, they were absorbed in Education Department pursuant to policy decision taken by State 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.” 7 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 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 alfiza