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2026 DAILYLAW 7953 (CHH)

RAKESH KUMAR SAHU v. STATE OF CHHATTISGARH

WPS/1239/2026 · 2026-02-02

Shri Parth Prateem Sahu

body2026

Judgment text

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1 / 4 2026:CGHC:5911 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1239 of 2026 Rakesh Kumar Sahu S/o Late Munshilal Sahu Aged About 44 Years Presently Working As Lecturer (E-Cadre) At Govt. Higher Secondary School, Gidhpur, Block Pallari, District Baloda Bazar - Bhatapara (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar Naya Raipur, District Raipur (C.G.) 3 - Joint Director Education Division Raipur, District Raipur (C.G.) 4 - District Education Officer Baloda Bazar - Bhatapara, District - Baloda Bazar - Bhatapara (C.G.) 5 - Block Education Officer Pallari, District - Baloda Bazar - Bhatapara (C.G.) ... Respondents For Petitioner : Mr. Govind Prasad Dewangan, Advocate For State : Mrs. Anuja Sharma, Dy. Govt. Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2026.02.05 10:35:09 +0530 2 / 4 Order on Board 03.02.2026 1. Petitioner has filed this writ petition seeking following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records in relates to the case of the petitioner from the possession of respondents for its kind perusal. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondents to consider the case of the petitioner for grant of the benefits of pay protection in view of the Finance Instruction No. 41/2018 dated 03.08.2018 (Annexure-P/1) by taking into consideration of his previous services and also in view of the decision of the Hon'ble High Court in case of Amrit Lal Sahu and others Vs. State of Chhattisgarh and others in WPS no. 6436/2021 decided on 19.11.2025 (Annexure-P/10). 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondents to grant all the consequential benefits to the petitioner including arrears of pay with interest @ 18% per annum from the date of entitlement till the actual payment. 10.4 That, this Hon'ble Court may kindly be pleased to grant any other relief/relief's in favour of the petitioners, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner.” 2. Learned counsel for petitioner submits that petitioner at present is working as a Lecturer(E-Cadre) in Government Higher Secondary School, Gidhpur, Block Pallari, District- Balodabazar. Petitioner was earlier appointed as Shiksha Karmi Grade-III in Janpad Panchayat vide order dated 30.11.2005 . After joining the service based on order dated 30.11.2005 petitioner thereafter participated in the recruitment of proceedings for the post of lecturer (E-Cadre) after obtaining prior 3 / 4 permission from the employer. NOC was issued to her on 03.05.2019. Petitioner got selected in fresh recruitment proceedings for the post of Lecturer (E-Cadre), therefore petitioner gave technical resignation from her earlier appointed post and joined new post at his place of posting. He submits that according to the instructions issued in this regard by concerned authority petitioner if resigned from one Govt. service following due process of law and joins the other government service then petitioner is entitled for counting of the earlier service period. He submits that petitioner has not submitted any representation before the authorities raising all the grievances as raised in this writ petition and therefore, he may be permitted to submit comprehensive representation along with all the relevant documents including the decision passed by this Court in case of Amrit Lal Sahu and Others Vs. State of Chhattisgarh passed in WPS No. 6436 of 2021 and decided on 19.11.2025 and others and direction be issued to respondent no. 2 to take decision on representation to be submitted by petitioner at the earliest. . 3. Learned counsel for State submits that in view of limited prayer made by learned counsel for the petitioner, she is having no objection. 4. On due consideration of submission made by learned counsel for the respective parties, without entering into the merits of the case, writ petition at this stage is disposed of, permitting petitioner to submit comprehensive representation before respondent no. 2 along with all relevant documents and if such representation is submitted by the petitioner it will be considered and decided by the concerned authority 4 / 4 in accordance with law, expeditiously, preferably within a further period of four months from the date of receipt of the order. 5. With the aforesaid observation and direction, this writ petition is disposed of. Certified copy as per rules. sd/- (Parth Prateem Sahu) Judge Alfiza