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2026 DAILYLAW 9131 (CHH)

RAVISHANKAR CHELAK v. STATE OF CHHATTISGARH

WPS/3498/2026 · 2026-04-22

Shri Parth Prateem Sahu

body2026

Judgment text

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1 / 4 2026:CGHC:18566 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3498 of 2026 1. Ravishankar Chelak S/o Shri Bharatram Chelak Aged About 38 Years Presently Posted In Private School Devpur Gram Devpur District- Dhamtari Chhattisgarh, 2. Govind Kumar Nishad S/o Shri Tejram Nishad Aged About 48 Years Presently Posted In Middle School Devpur Village Devpur District- Dhamtari Chhattisgarh, 3. Yogeshwar Kumar Markam S/o Shri Vishwanath Singh Markam Aged About 37 Years Presently Posted In Primary School Banshikhai Village Banshikhai District- Dhamtari Chhattisgarh, 4. Shri Shyam Lal Yadav S/o Shri Mehattar Ram Yadav Aged About 34 Years Presently Posted In Primary School Pandaripani (Raivatwari) Village Semra District- Dhamtari Chhattisgarh 5. Devshankar Netam S/o Shri Gopal Ram Netam Aged About 39 Years Presently Posted In Middle School Ratawa Village Ratawa District- Dhamtari Chhattisgarh, 6. Saunesh Kumar Salam S/o Shri Panchuram Salam Aged About 37 Years Presently Posted In Primary School Bhermari Village Bhermari District- Dhamtari Chhattisgarh, 7. Jitendra Kumar S/o Shri Harakh Ram Kuldeep Aged About 36 Years Presently Posted In Middle School Amgaon Village Amgaon District- Dhamtari Chhattisgarh, ... Petitioners versus 1. State Of Chhattisgarh Through The Secretary District Education Department Mantralaya New Raipur District- Raipur Chhattisgarh, 2. Director Directorate Of Education Indrawati Bhawan Atal Nagar District- Raipur Chhattisgarh, 3. Collector Dhamtari District- Dhamtari Chhattisgarh 4. District Education Officer Dhamtari District- Dhamtari Chhattisgarh, 5. Block Education Officer Nagari District- Dhamtari Chhattisgarh, ... Respondents PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 4 For Petitioner : Mr. Ajit Kumar Singh, Advocate For State : Ms. Anuja Sharma, Dy. Govt. Advocate Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 23.04.2026 1. Petitioners have filed this writ petition, seeking following reliefs:- “10.1 That may kindly call for the entire records pertaining to the case of the petitioners. 10.2 That it is , therefore, mos respectfully prayed that this Hon’ble Court may kindly be pleased to consider the facts and circumstances of the case and issue appropriate direction to the respondent authorities to release and pay the entitled wages to the petitioner for the period from 16.09.2013 to 25.03.2014 and 25.07.2014 to 25.12.2016 for having performed remaining two hours of duty on the post of part-time sweeper under Block Nagari, District Dhamtari,along with interest at the rate of 18% per annum. 10.3 That, this Hon’ble Court may kindly be pleased to issue writ/ order/ direction of appropriate nature directing Respondent No. 1 to take immediate action in accordance with the proposal and assessment forwarded by Respondent No. 4, along with various reminders, in the facts and circumstances of the present case.” 2. Learned counsel for petitioners submits that petitioners were initially employed as part-time sweepers within Block Nagari, District Dhamtari, since 2013 as per the collectorate rate. They were directed to work for four hours per day (two hours morning and two hours evening). However, subsequently, by the order of the competent authority under whom they were working, working hours of the petitioners were restricted to only two hours per day and accordingly wages were directed to be paid for two hours. For two years, petitioners had performed duties for four hours per day, however, they were paid wages only for two hours. Petitioners thereafter made several representation/ application for payment of arrears of the wages for the 3 / 4 period from 2014 to 2016. Respondent No. 5/ Block Education Officer computed the amount of arrears to be paid to the part-time sweepers like petitioners and forwarded it to Respondent No. 4/ District Education Office. From the letter Annexure P-11 it is also appearing that the Block Education Officer has thereafter forwarded the claim of petitioners to the Directorate of Public Institutions, Raipur, however, till date the arrears of the wages, due to petitioners have not been paid. He submits that petitioners may be permitted to submit fresh representation before Respondents No. 1 and 2 and the concerned authorities be directed to consider and take decision on the representation of petitioner within specified time. 3. On the other hand, learned State counsel submits that from the documents enclosed along with writ petition it is appearing that the Deputy Director of Public Institutions has made an observation that if work more than two hours has been taken from the part-time sweepers without prior permission of the superior authority, then it amounts to financial irregularities. 4. I have heard learned counsel for the parties and perused the documents available on record. 5. From the documents enclosed along with writ petition it is appearing that petitioners have worked more than the working hours fixed. Claim of the petitioners is that the petitioners have worked for four hours per day, however, they have been paid wages for two hours per day stating that the working hours fixed is only two hours. It is also not in dispute that the District Education Officer after preparing the arrears of the wages due to petitioners computing the duty performed by them of 4 / 4 four hours and forwarded the same to the Director, Public Instructions and Deputy Director, Public Instructions. Claim of petitioners as forwarded by the District Education Officer to the Higher authorities has not been considered and decided nor it is finalized. 6. In the aforementioned facts of the case, this writ petition at this stage is disposed of permitting the petitioner to submit fresh representation before Respondents No. 1 & 2 raising all the grounds as raised in this writ petition and if such representation is submitted the concerned authorities shall consider and take decision on the representation to be submitted by petitioners, in accordance with law, expeditiously preferably within a further period of 04 months from the date of receipt of representation. 7. Accordingly, this petition is disposed of with aforesaid observation and direction. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge pwn