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2026 DAILYLAW 8038 (CHH)

RAMKARESH JOSHI v. STATE OF CHHATTISGARH

WPS/9098/2025 · 2026-03-16

Shri Parth Prateem Sahu

body2026

Judgment text

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1 2026:CGHC:12610 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9098 of 2025 1 - Ramkaresh Joshi S/o Ramsoy Joshi Aged About 53 Years Presently Posted As Assistant Teacher At Govt. Primary School Magarway, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh (Ramkareshi Joshi Wrongly Mention In Page 36) As Per Hon'ble Court Order Dated 05-08-2025 2 - Lokeshwari Dhruw S/o Late Vimal Kumar Dhruw Aged About 44 Years Presently Posted As Assistant Teacher At Govt. Primary School Magarway, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 3 - Yashwant Kumar Verma S/o Shankar Lal Verma Aged About 44 Years Presently Posted As Assistant Teacher At Govt. Primary School Sarkipar, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 4 - Kalu Ram Nishad S/o Late Firtu Ram Nishad Aged About 53 Years Presently Posted As Assistant Teacher At Govt. Primary School Karmandih, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 5 - Chandrakanti Navarang W/o Prabhu Navarang Aged About 36 Years Presently Posted As Assistant Teacher At Govt. Primary School Saloni, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 6 - Het Ram Anchale S/o Mahettar Das Anchale Aged About 45 Years Presently Posted As Assistant Teacher At Govt. Primary School Saloni, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 7 - Uma Kurrey W/o Pramod Kumar Kurrey Aged About 44 Years Presently Posted As Assistant Teacher At Govt. Primary School Khapri, Block - Balodabazar, District - Balodabazar Chhattisgarh 2 8 - Suchitra Yadav S/o Radheshyam Yadav Aged About 41 Years Presently Posted As Assistant Teacher At Govt. Primary School Bitkuli, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 9 - Vidya Dhruw W/o Dev Prasad Dhruv Aged About 31 Years Presently Posted As Assistant Teacher At Govt. Primary School Bitkuli, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 10 - Rajeshwari Purena W/o Manoj Kant Purena Aged About 39 Years Presently Posted As Assistant Teacher At Govt. Primary School Bharseli, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 11 - Ram Kumar Sahu S/o Fulchand Sahu Aged About 42 Years Presently Posted As Assistant Teacher At Govt. Primary School Bitkuli, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 12 - Bharat Lal Sahu S/o Makhan Lal Sahu Aged About 49 Years Presently Posted As Assistant Teacher At Govt. Primary School Achankpur, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 13 - Anita Paikra W/o Indra Kumar Paikra Aged About 45 Years Presently Posted As Assistant Teacher At Govt. Primary School Achankpur, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 14 - Babita Rani Garg W/o Late Kamlesh Garg Aged About 33 Years Presently Posted As Assistant Teacher At Govt. Naveen School Balodabazar, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 15 - Pranita Kashyap W/o Khodas Ram Kashyap Aged About 57 Years Presently Posted As Assistant Teacher At Govt. Primary School Bharseli, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 16 - Ram Kumar Yadav S/o Firatu Ram Yadav Aged About 47 Years Presently Posted As Assistant Teacher At Govt. Primary School Khairtal, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 17 - Shyama Sahu W/o Harish Kumar Sahu Aged About 48 Years Presently Posted As Assistant Teacher At Govt. Primary School Arjuni, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 3 18 - Annapurna Dhruw W/o Rakesh Dhruw Aged About 36 Years Presently Posted As Assistant Teacher At Govt. Primary School Arjuni, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 19 - Nirmala Kurre W/o Raju Kurre Aged About 40 Years Presently Posted As Assistant Teacher At Govt. Primary School Arjuni, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 20 - Parmanand Patel S/o Jasram Patel Aged About 38 Years Presently Posted As Assistant Teacher At Govt. Primary School Sakari, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 21 - Lakshmi Dahariya W/o Shivcharan Dahariya Aged About 37 Years Presently Posted As Assistant Teacher At Govt. Primary School Kumhari, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 22 - Sarita Jaiswal W/o Rajendra Jaiswal Aged About 58 Years Presently Posted As Assistant Teacher At Govt. Primary School Sakari, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 23 - Archana Pathak W/o Alok Kumar Pathak Aged About 46 Years Presently Posted As Assistant Teacher At Govt. Primary School Sakari, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 24 - Kaminee Kiran Baghel W/o Saurabh Baghel Aged About 37 Years Presently Posted As Assistant Teacher At Govt. Primary School Sakari, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 25 - Saroj Verma W/o Mr. Namdev Verma Aged About 40 Years Presently Posted As Assistant Teacher At Govt. Primary School Sakari, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 26 - Garima Gore W/o Chunni Lal Gore Aged About 32 Years Presently Posted As Assistant Teacher At Govt. Primary School Bharseli, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 27 - Pushpa Verma S/o Shree Thanu Ram Verma Aged About 51 Years Presently Posted As Assistant Teacher At Govt. Primary School Dotopar, Block - Balodabazar, 4 District - Balodabazar-Bhatapara Chhattisgarh 28 - Ram Kumar Paikara S/o Ramayan Shingh Paikara Aged About 37 Years Presently Posted As Assistant Teacher At Govt. Primary School Bamhanmudi, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 29 - Ganga Sagar Dhruw S/o Til Singh Dhruw Aged About 32 Years Presently Posted As Assistant Teacher At Govt. Primary School Turma, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 30 - Vijay Singh Paikara S/o Chait Ram Aged About 33 Years Presently Posted As Assistant Teacher At Govt. Primary School Bhalukona, Block - Kasdol, District - Balodabazar-Bhatapara Chhattisgarh 31 - Pyare Lal Paikara S/o Jawahir Singh Paikara Aged About 34 Years Presently Posted As Assistant Teacher At Govt. Primary School Chichirda, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 32 - Narayan Prasad Verma S/o Ramsing Verma Aged About 38 Years Presently Posted As Assistant Teacher At Govt. Primary School Turma, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 33 - Om Prakash Sahu S/o Gorelal Sahu Aged About 35 Years Presently Posted As Assistant Teacher At Govt. Primary School Sunsuniya, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 34 - Pitamber Singh Diwan S/o Naval Singh Diwan Aged About 43 Years Presently Posted As Assistant Teacher At Govt. Primary School Khamariya, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 35 - Dijendra Kanwar S/o Pandit Kanwar Aged About 31 Years Presently Posted As Assistant Teacher At Govt. Primary School Changori, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 36 - Shiv Kumar Yadav S/o Panchram Yadav Aged About 44 Years Presently Posted As Assistant Teacher At Govt. Primary School Changori, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 37 - Paitrik Shyam Kaiwart S/o Kali Ram Kaiwart Aged About 52 Years Presently 5 Posted As Assistant Teacher At Govt. Primary School Changori, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 38 - Neel Ram Sahu S/o Hem Lal Sahu Aged About 49 Years Presently Posted As Assistant Teacher At Govt. Primary School Changori, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 39 - Bamleshwari Dhruw W/o Komal Ram Dhruw Aged About 42 Years Presently Posted As Teacher At Govt. Middle School Bharsela, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 40 - Nagesh Kumar Paikara S/o Gurudayal Aged About 32 Years Presently Posted As Assistant Teacher At Govt. Primary School Parsadih, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 41 - Vinod Kumar Chaturvedi S/o Bhukhan Lal Chaturvedi Aged About 37 Years Presently Posted As Assistant Teacher At Govt. Primary School Turma, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh 42 - Badri Vishal Sahu S/o Banshi Lal Sahu Aged About 34 Years Presently Posted As Assistant Teacher At Govt. Primary School Paisar, Block - Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, School Education Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh 2 - State Of Chhattisgarh Through Its Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District - Raipur Chhattisgarh 3 - Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar Naya Raipur, District Raipur Chhattisgarh 4 - Commissioner Cum Director Directorate Of Panchayat Atal Nagar Naya Raipur, District Raipur Chhattisgarh 6 5 - District Education Officer District Balodabazar-Bhatapara Chhattisgarh 6 - Chief Executive Officer Zila Panchayat, District Balodabazar-Bhatapara Chhattisgarh 7 - Chief Executive Officer Janpad Panchayat, Balodabazar, District Balodabazar- Bhatapara Chhattisgarh 8 - Block Education Officer Block Balodabazar, District Balodabazar-Bhatapara Chhattisgarh ... Respondents For Petitioners : Mr. Shiv Sewak, Advocate For Respondents-State : Ms. Anuja Sharma, Dy. Government Advocate S.B. Hon'ble Shri Justice Parth Prateem Sahu Order On Board 17/03/2026 1. Petitioners have filed this petition seeking following relief (s) :- “10.1 That, this Hon'ble Court may kindly be pleased to 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 Kramonnati 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 completion of 10 years or 20 years of service in the same grade as the case may be;. 10.2 That, this Hon'ble Court may kindly be pleased to 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 7 Petitioner till date after verifying from the local fund auditor, and to send 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 This Hon'ble Court may kindly be pleased to 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 to consider the detailed directing Respondents 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 event the authorities come to the conclusion that the Petitioners for benefits of up- gradation in the pay scale and claims, same be paid to the Petitioners within 60 days. 10.4 Pass such other and further reliefs as this Hon’ble Court may deem fit and proper in the facts and circumstances of this case.” 2. Learned counsel for petitioners submit 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 petitioner is different than that of case of Sona Sahu (Supra). Petitioners were earlier employee of 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 8 Assistant Teachers 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 employee in WPS No.11009 of 2025 and other batch of writ petitions and has dismissed those writ petitions. 4. Learned counsel for the petitioners upon asking do not dispute the submission of learned State counsel with respect to his initial appointment under Panchayat Department by Janpad Panchayat as also decision in WP(S) No.11009 of 2025. 5. The 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.” 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 9 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 Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY