As per case facts, appellants, originally appointed as Shiksha Karmis under the Panchayat Department, sought Kramonnati Vetanman (time-bound pay scale) benefits under a State Government circular meant for regular Assistant ...
No Acts & Articles mentioned in this case
1
2026:CGHC:15704-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WA No. 273 of 2026
1 - Amarsing Kosariya S/o Jagabandhu Kosariya Aged About 39 Years
Presently Posted As Head Master At Govt. Primary School Khenodipa
(SSA) Block- Basna District Mahasamund (C.G.)
2 - Arpana Barik D/o Nahum Barik Aged About 41 Years Presently
Posted As Head Master At Govt. Primary School Arekel Deepa (SSA)
Block- Basna, District Mahasamund (C.G.)
3 - Dukalu Bhoi S/o Arjun Bhoi Aged About 45 Years Presently Posted
As Head Master At Govt. Primary School Kotendarha Block- Basna,
District Mahasamund (C.G.)
4 - Kunti Patel W/o Rajesh Kumar Patel Aged About 39 Years Presently
Posted As Head Master At Govt. Primary School Dongaripali Block-
Basna, District Mahasamund (C.G.)
5 - Ashwinee Kumar Sidar S/o Niranjan Sidar Aged About 43 Years
Presently Posted As Head Master At Govt. Primary School Akhunta Tu
(SSA) Block- Basna, District Mahasamund (C.G.)
6 - Nand Kumar Sao S/o Rajendra Kumar Sao Aged About 36 Years
Presently Posted As Assistant Teacher At Govt. Primary School
Medinipur Block- Basna, District Mahasamund (C.G.)
7 - Manohar Lal Dadsena S/o Fulsay Dadsena Aged About 45 Years
Presently Posted As Head Master At Govt. Primary School Amapali
Block- Basna, District Mahasamund (C.G.)
8 - Basant Kumar Sahu S/o Narayan Prasad Sahu Aged About 48 Years
Presently Posted As Head Master At Govt. Primary School Lalitpur Tu
(SSA) Block- Basna, District Mahasamund (C.G.)
2
9 - Devki Sahu W/o Basant Kumar Sahu Aged About 44 Years Presently
Posted As Assistant Teacher At Govt. Primary School Lalitpur Tu (SSA)
Block- Basna, District Mahasamund (C.G.)
10 - Awadh Ram Jagat S/o Surit Ram Jagat Aged About 50 Years
Presently Posted As Head Master At Govt. Primary School Jharudela
Block- Basna, District Mahasamund (C.G.)
11 - Shripati Sao S/o Fagulal Sao Aged About 50 Years Presently
Posted As Head Master At Govt. Primary School Ajgarkhar Block-
Basna, District Mahasamund (C.G.)
12 - Lalita Vishal W/o Yatindra Vishal Aged About 51 Years Presently
Posted As Head Master At Govt. Primary School Pipalipali (SSA) Block-
Basna, District Mahasamund (C.G.)
13 - Sadashiv Chauhan S/o Ramoo Chauhan Aged About 56 Years
Presently Posted As Head Master At Govt. Primary School Pargala
Block- Basna, District Mahasamund (C.G.)
14 - Prabha Jagat W/o Kirjay Jagat Aged About 37 Years Presently
Posted As Assistant Teacher At Pm Shri Govt. Primary School Chanat
Block- Basna, District Mahasamund (C.G.)
15 - Kunti Patel W/o Ganesh Kumar Patel Aged About 38 Years
Presently Posted As Head Master At Govt. Primary School Chhuipali
Block- Basna, District Mahasamund (C.G.)
16 - Ganesh Kumar Patel S/o Nanki Lal Patel Aged About 40 Years
Presently Posted As Head Master At Govt. Primary School Banipali
Block- Basna, District Mahasamund (C.G.)
17 - Gulab Ray Patel S/o Manohar Patel Aged About 40 Years Presently
Posted As Head Master At Govt. Primary School Saraipali (SSA) Block-
Basna, District Mahasamund (C.G.)
18 - Lalit Kumar Choudhary S/o Gokul Prasad Choudhary Aged About
54 Years Presently Posted As Head Master At Govt. Primary School
Dhamanaghutkuri Block- Basna, District Mahasamund (C.G.)
19 - Kshirsagar Khute S/o Ramsingh Khute Aged About 44 Years
Presently Posted As Head Master At Govt. Primary School Chandkhuri
Block- Basna, District Mahasamund (C.G.)
3
20 - Basudev Sao S/o Rajaram Sao Aged About 57 Years Presently
Posted As Head Master At Govt. Primary School Piwapali Block- Basna,
District Mahasamund (C.G.)
21 - Krishan Kumar Choudhary S/o Dasrath Choudhary Aged About 41
Years Presently Posted As Head Master At Govt. Primary School
Dhanapali Block- Basna, District Mahasamund (C.G.)
22 - Sarvind Sidar S/o Ghuruwa Sidar Aged About 39 Years Presently
Posted As Head Master At Govt. Primary School Gadpatni Block-
Basna, District Mahasamund (C.G.)
23 - Nilamber Nayak S/o Sadanand Nayak Aged About 44 Years
Presently Posted As Head Master At Pm Shri Govt. Primary School
Chanat Block- Basna, District Mahasamund (C.G.)
24 - Chitrrekha Patel W/o Devesh Patel Aged About 41 Years Presently
Posted As Head Master At Govt. Primary School Koldipa (SSA) Block-
Basna, District Mahasamund (C.G.)
25 - Reeta Pati W/o Dinesh Kumar Pati Aged About 42 Years Presently
Posted As Head Master At Govt. Primary School Jalkot Block- Basna,
District Mahasamund (C.G.)
26 - Amita Khutte W/o Girdhar Khutte Aged About 46 Years Presently
Posted As Head Master At Govt. Primary School Deori Block- Basna,
District Mahasamund (C.G.)
27 - Chandar Sai Shyam S/o Jarban Shyam Aged About 55 Years
Presently Posted As Head Master At Govt. Primary School Lamkasa
Block- Basna, District Mahasamund (C.G.)
28 - Mahendra Kumar Varge S/o Bihari Lal Varge Aged About 39 Years
Presently Posted As Head Master At Ashram Fulwari (Twd) Block-
Basna, District Mahasamund (C.G.)
29 - Manjulata Varge W/o Mahendra Kumar Varge Aged About 44 Years
Presently Posted As Assistant Teacher At Govt. Primary School
Chhotedabha Block- Basna, District Mahasamund (C.G.)
30 - Shobha Nayak W/o Bharat Nayak Aged About 43 Years Presently
Posted As Head Master At Govt. Primary School Parrapat Block-
Basna, District Mahasamund (C.G.)
4
31 - Champat Lal Dadsena S/o Kanchan Lal Dadsena Aged About 39
Years Presently Posted As Head Master At Govt. Primary School
Badedabha Block- Basna, District Mahasamund (C.G.)
32 - Chandra Prakash Nayak S/o Mahendra Kumar Nayak Aged About
36 Years Presently Posted As Head Master At Govt. Primary School
Piwapali Block- Basna, District Mahasamund (C.G.)
33 - Chudamani Bhoi S/o Santlal Bhoi Aged About 39 Years Presently
Posted As Head Master At Govt. Primary School Harilchhapar Block-
Basna, District Mahasamund (C.G.)
34 - Godawari Jagat D/o Karam Singh Jagat Aged About 38 Years
Presently Posted As Assistant Teacher At Govt. Primary School
Potapara Block- Basna, District Mahasamund (C.G.)
35 - Vinodini Behra W/o Rajesh Behra Aged About 39 Years Presently
Posted As Head Master At Govt. Primary School Girls Singhanpur
Block- Basna, District Mahasamund (C.G.)
... Appellants
versus
1 - State pf Chhattisgarh Through- 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 Mahasamund (C.G.)
6 - Chief Executive Officer, Zila Panchayat, District Mahasamund (C.G.)
7 - Chief Executive Officer, Janpad Panchayat, Basna, District
Mahasamund (C.G.)
8 - Block Education Officer, Block- Basna, District Mahasamund (C.G.)
... Respondents
5
For Appellants:None
For Respondent-
State
:Mr. Prasun Kumar Bhaduri, Deputy Advocate
General.
Hon'ble Shri Ramesh Sinha, Chief Justice
Hon'ble Shri Ravindra Kumar Agrawal, Judge
Judgment on Board
Per Ramesh Sinha , Chief Justice
07.04. 2026
1 None appears nor is any representation on behalf of the
appellants. Mr. Prasun Kumar Bhaduri, learned Deputy Advocate
General, appearing for the State is present.
2 I.A. No.01 has been filed to condone delay of 26 days in preferring
the present appeal.
3 On due consideration the grounds assigned in the application (I.A.
No.01), the same is allowed. Delay of 26 days in preferring the present
writ appeal is hereby condoned.
4 The present writ appeal is directed against the order dated
24.11.2025 passed by learned Single Judge of this Court in WPS
No.10743/2025, whereby writ petition filed by petitioners was dismissed.
5 Learned State counsel submits that the issue involved in this writ
appeal has already been considered and decided by this Court vide
judgment dated 13.03.2026 in Writ Appeal No.191/2026, whereby this
Court has held as under:-
“10. This Court while dismissing the writ appeal filed
by writ appellants has observed as under:-
6
“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
सामान्य प्रशासनविभाग
मंत्रालय
महानदी भवन
,
नया रायप्र
क्रमांक एफ
10-1/2008/1-3
नया रायपुरदिनांक
10/03/2017
प्र
ति
,
शासन के समस्तविभाग
,
अध्यक्ष,
छत्तीसगढ़ राजस्वमण्डल
, बि
लासपुर
समस्तविभागाध्यक्ष
,
समस्तसंभागायुक्त
समस्तकलेक्टर्स
,
छत्तीसगढ़
विषय
:-
सहायकशिक्षकों को कमोन्नतिवेतनमान
प्रदायकिए जानेबाबत्।
संदर्भ
:-
इसविभाग का समसंख्यक परिपत्रदिनांक
24.04.2006.
-00-
इसविभाग के संदर्भितपरिपत्र द्वाराशिक्षक
संवर्गमें सहायकशिक्षक
,
शिक्षकतथा
व्याख्याता को सामान्य प्रशासनविभाग के
परिपत्र कमांक एफ
1-1/1/व
ेआप्र
/99, दि
नांक
17.03.1999/19.04.1999
मेंनिहितशर्तों
के अध्यधीन प्रथन कमोन्नति
12
वर्षबादतथा
द्वितीय क्रमोन्नति
24
वर्षबाद प्रदानकिया गया
है।वित्तविभाग के ज्ञापन कमांक
216/सी-
2802/10/वि
त्त
/नि
यम
/धार, दि
नांक
04.08.2010 (
वित्तनिर्देश
32/2010) द्वारा
क्रमोन्नतियोजना को संशोधितकरशिक्षक
तथा व्याख्याता संवर्गको प्रथम उच्चतर
समयमानवेतनमान
10
वर्षबाद एवंद्वितीय
उच्चतर समयमानवेतनमान
20
वर्षबाद देने
कानिर्णयलिया गया है।
2/
अतएवउपरोक्तनिर्णय के परिप्रेक्ष्य में राज्य शासन
द्वारानिर्णयलिया गया हैकिइसविभाग के संदर्भित
परिपत्रदिनांक
24.04.2006
की कंडिका
-2 में
7
"
सहायकशिक्षक
"
को प्रथम कमोन्नति
10
वर्षबाद एवं
द्वितीय क्रमोन्नति
20
वर्षबाद प्रदान की जाए।
3/
उपरोक्तनिर्णय के संबंध में यह स्पष्टकिया जाता है
किकमोन्नतिकी देयतातिथिके अनुसार केवल
काल्पनिकवेतननिर्धारणकिया जाएगा एवंकिसी
प्रकार के एरियर्सदेय नहीं होंगे।
4/
यह आदेशवित्तविभाग के कम्प्यूटर कमांक एफ
-
2017-01-01093
दिनांक
09.02.2017
द्वारा दी
गई सहमतिके आधार पर जारीकिया गया है।
छत्तीसगढ़ के राज्यपाल के नाम से
तथा आदेशानुसार
,
(एम.आर.ठोक
ूर
)
अवर सचिव
,
छत्तीसगढ़ शासन
सामान्य प्रशासनविभाग
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
8
Petitioners in 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.
9
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.
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
10
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 Panchayat and Rural
Development, Chhattisgarh, Raipur
issued another circular with respect to
11
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
12
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. 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
13
to 01.07.2018. Clauses 4 and 5 of the
absorption order dated read as under:
“4/
शिक्षक
(एल.ब
ी
.)
संवर्गको देय समस्त
लाभ केलिये सेवा की गणना संविलियनदिनाँक
01
जुलाई
2018
से की जायेगी।
5/
दिनाँक
01
जुलाई
2018
के पूर्वकी अवधि
केलियेकिसी भी प्रकार के एरियर्सकी पात्रता
नहीं होगी।
"
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:
"
इसविभाग द्वारा जारी संविलियननिर्देश
कमांक एकदिनांक
30.06.2018
की कंडिका
5
में
स्पष्ट उल्लेखित
है
,
किदिनांक
01.07.2018
के पूर्वकी अवधिकेलिएकिसी
भी प्रकार के एरियर्सकी पात्रता नही होगी
अर्थातपूर्वके एरियर्सस्कूलशिक्षाविभाग द्वारा
देय नहीं होंगे। पूर्वमेंशिक्षक
(पं
चायत
/नगरीय
नि
काय
)
संवर्गके कर्मचारी
,
जोवर्तमान में
शिक्षक एल
.ब
ी
.
संवर्गके रूप में कार्यरतहैं
, के
संविलियन पूर्वकी अवधिके लंबितस्वत्वों का
भुगतान पात्रतानुसार संबंधितविभाग द्वारा ही
किया जायेगा।
"
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
14
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 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
15
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
consideration of the learned Single
16
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.”
Since the facts and issue involved in the present case is
identical to that of Writ Appeal No.191/2026, this appeal may
also dismissed in the same terms.
6 Having gone through the materials on record, it is evident that the
facts and issue involved in this appeal is identical to Writ Appeal
No.191/2026, this Court deems it appropriate not to take a view
other than what has been taken in Writ Appeal No.191/2026.
7 Accordingly, the present appeal is dismissed in terms of the
order dated 13.03.2026 passed by this Court in Writ Appeal
No.191/2026.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
Anu
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