Chattisgarh High Court
Smt. Durga Gupta vs State Of Chhattisgarh on 3 March, 2026
1
2026:CGHC:11122
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 3492 of 2021
1 - Smt. Durga Gupta W/o Prashant Gupta Aged About 56 Years Posted As Lecturer
Government Higher Secondary School, Newsa, Tahsil Gourela District Gourela Pendra
Marwahi Chhattisgarh., District : Gaurela-Pendra-Marwahi, Chhattisgarh
2 - Mukesh Kumar Kori S/o Late Buddhu Lal Kori Aged About 54 Years Posted As Lecturer
L.B. Government Higher Secondary School, Dhanouli, Tahsil Gourela District Gourela
Pendra Marwahi Chhattisgarh., District : Gaurela-Pendra-Marwahi, Chhattisgarh
3 - Gulab Banjara S/o Shri Dinesh Banjara Aged About 44 Years Posted As Teacher
Government Middle School, Kasturba Gandhi, Tahsil Pendra Road, District Gourela Pendra
Marwahi Chhattisgarh., District : Gaurela-Pendra-Marwahi, Chhattisgarh
4 - Arjun Singh S/o Ramayan Singh Aged About 54 Years Posted As Teacher Government
Primary Middle School, Lamna, Tahsil Pendra Road, District Gourela Pendra Marwahi
Chhattisgarh., District : Gaurela-Pendra-Marwahi, Chhattisgarh
5 - Ramdayal Porte S/o Sukhdev Singh Aged About 54 Years Posted As Teacher
Government Primary Middle School, Tidi, Tahsil Pendra Road, District Gourela Pendra
Marwahi Chhattisgarh., District : Gaurela-Pendra-Marwahi, Chhattisgarh
6 - Brijbhan Singh S/o Pitmbar Singh Aged About 46 Years Posted As Teacher L.B.
Government Primary Middle School, Basti, Tahsil Pendra Road, District Gourela Pendra
Marwahi Chhattisgarh., District : Gaurela-Pendra-Marwahi, Chhattisgarh
7 - Kisun Lal Nirmalkar S/o Ramprasad Nirmalkar, Posted As Teacher L.B. Government
Primary Middle School, Tahsil Pendra Road, District Gourela Pendra Marwahi
Chhattisgarh., District : Gaurela-Pendra-Marwahi, Chhattisgarh
8 - Rajeshwar Prasad Kushwaha S/o Late Shri Vishwanath Kushwaha Aged About 51 Years
Posted As Lecturer L.B. Govt. Higher Secondary School Jamwantpur, District Balrampur.,
District : Balrampur, Chhattisgarh
9 - Sunil Kumar Thakur S/o Mukhi Thakur Aged About 47 Years Posted As Lecturer,
D.L.B. Govt. Girls Primary Middle School, Ramanujganj, District Balrampur., District :
Balrampur, Chhattisgarh
10 - Pooja Sen W/o Deepak Sen Aged About 44 Years Posted As Teacher, Government
Middle School, Harratola, Tehsil Pendra Road, District Gourela Pendra Marwahi
Chhattisgrarh., District : Gaurela-Pendra-Marwahi, Chhattisgarh
11 - Smt. Shamim Bano Khan Siddiqui W/o Avish Ahmed Siddiqui Aged About 53 Years
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Posted As Teacher, Government Middle School, Harratola, Tehsil Pendra Road, District
Gourela Pendra Marwahi Chhattisgarh., District : Gaurela-Pendra-Marwahi, Chhattisgarh
12 - Lakhan Lal Sahu S/o Dashrath Lal Sahu Aged About 51 Years Posted As Teacher,
Government Primary Middle School, Korja, Tehsil Pendra Road, District Gourela Pendra
Marwahi Chhattisgarh., District : Gaurela-Pendra-Marwahi, Chhattisgarh
13 - Chandu Lal Singraul S/o J.P. Singraul Aged About 45 Years Posted As Teacher
Government Middle School, Korja, Tehsil Pendra Road, District Gourela Pendra Marwahi
Chhattisgarh., District : Gaurela-Pendra-Marwahi, Chhattisgarh
14 - Smt. Gulab Dwivedi W/o Shir P. Dwivedi Aged About 45 Years Posted As Teacher
Govt. Primary Middle School, Tehsil Pendra Road, District Gourela Pendra Marwahi
Chhattisgarh., District : Gaurela-Pendra-Marwahi, Chhattisgarh
--- Petitioner(s)
versus
1 - State Of Chhattisgarh Through Secretary, School Education Department Mantralaya
Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh., District : Raipur,
Chhattisgarh
2 - Secretary Panchayat Department Mantralaya Mahanadi Bhawan, Naya Raipur, District
Raipur Chhattisgarh., District : Raipur, Chhattisgarh
3 - Chief Executive Officer Zila Panchayat, Gourela Pendra Marwahi, District Gourela
Pendra Marwahi Chhattisgarh., District : Gaurela-Pendra-Marwahi, Chhattisgarh
4 - District Education Officer Gourela Pendra Marwahi, District Gourela Pendra Marwahi
Chhattisgarh., District : Gaurela-Pendra-Marwahi, Chhattisgarh
5 - Joint Director Treasury, Accounts And Pension Department Gourela Pendra Marwahi
District Gourela Pendra Marwahi Chhattisgarh., District : Gaurela-Pendra-Marwahi,
Chhattisgarh
6 - State Of Madhya Pradesh Through Secretary, School Education Department Mantralaya
Vallabh Bhawan, Bhopal Chhattisgarh., District : Bhopal, Madhya Pradesh
--- Respondent(s)
WPS No. 6897 of 2021
1 - Bikram Singh S/o Shri Abhayraj Singh Aged About 50 Years Teacher L.B. Middle School Balajhar Block Pathalgaon, District Jashpur Chhattisgarh. 2 - Devendra Kumar Yadav S/o Shri Rameshwar Prasad Yadav Aged About 53 Years Teacher L.B. Gov. Middle School, Palidih Block Patthalgaon, District Jashpur Chhattisgarh. 3 - Mrs. Agustina Lakda W/o Pankhratius Lakra Aged About 48 Years Teacher Gov. Middle School Chiknipani Block Patthalgaon, District Jashpur Chhattisgarh. 4 - Budhiaro Chauhan W/o Shri Petra Ram Aged About 50 Years Teacher L.B. Teacher Gov. Middle School Diwanpur Block Patthalgaon District Jashpur Chhattisgarh. 5 - Bholaram Painkra S/o Balak Ram Aged About 53 Years Teacher L.B. Gov. Middle School, Buldega, Block Patthalgaon District Jashpur Chhattisgarh. 6 - Ugrasen Sai Painkra S/o Jagmohan Ram Aged About 47 Years Teacher I.B. Gov. Middle School Pandripani, Block Patthalgaon District Jashpur Chhattisgarh. 3 7 - Daleshwar Ram Chauhan S/o Soan Sai Chouhan Aged About 45 Years Teacher L.B. M. School, Bangaon B Block Patthalgaon District Jashpur Chhattisgarh. 8 - Jagsay Bhagat S/o Shri Mini Ram Aged About 54 Years Teacher L.B. Gov. Middle School, Bangaon B Block Patthalgaon District Jashpur Chhattisgarh. 9 - Vijay Kumar Thakur S/o Shri Thakur Singh Aged About 49 Years Teacher L.B. Gov. Middle School, Tamta Block Patthalgaon District Jashpur Chhattisgarh. 10 - Bhumati Kapoor W/o Shri Push Kumar Singh Aged About 47 Years Teacher L.B. Gov. Middle School Balajhar, Post Tamta Block Patthalgaon District Jashpur Chhattisgarh. 11 - Smt. Hemlata Dansena W/o Revtiraman Dansena Aged About 50 Years Designation Teacher (L.B.) Government Middle School, Kunkuri Post Kilkila Tahsil Patthalgaon District Jashpur Chhattisgarh.
12 - Ramdhani Ram Bhagat S/o Lundu Ram Aged About 47 Years Teacher (L.B.) Gov. Middle School Balajhar Post Tamta Block Patthalgaon District Jashpur Chhattisgarh. 13 - Urmila Sanmani W/o Ghuran Ram Aged About 46 Years Posted Teacher L.B. Gov. Middle School Pandripani, Block Patthalgaon District Jashpur Chhattisgarh. 14 - Jayanti Bhagat W/o Vijay Kumar Bhagat Aged About 45 Years Posted Teacher L.B. Govt. Middle School Dumarbahar, Block Patthalgaon District Jashpur Chhattisgarh. 15 - Smt. Indra Neeraj W/o Ravishnakar, Posted As Teacher L.B. Govt. Middle School Kudkel, Khajari, Block Patthalgaon District Jashpur Chhattisgarh. 16 - Satyananda Sai Painkara S/o Ram Painkara Aged About 48 Years Posted As Teacher L.B. Govt. Middle School Tamta, Block Patthalgaon District Jashpur Chhattisgarh. 17 - Smt. Ketki Dhruv W/o Bed Ram Aged About 42 Years Posted As Teacher L.B. Govt. Middle School Kudkel, Khajari, Block Patthalgaon District Jashpur Chhattisgarh. 18 - Sahadev Banjara S/o Lal Jeet Aged About 55 Years Posted As Teacher L.B. Govt. Middle School Amatoli, Block Patthalgaon District Jashpur Chhattisgarh. 19 - Smt. Kaushilya Sahu W/o Daulat Ram Sahu Aged About 48 Years Posted As Teacher L.B. Govt. Middle Girls School Kotba, Block Patthalgaon District Jashpur Chhattisgarh. 20 - Hotaram Barik S/o Lamu Ram Aged About 57 Years Teacher L.B. Govt. Middle School Pangsuwan, Block Patthalgaon District Jashpur Chhattisgarh. 21 - Panchram Sidar S/o Janpad Sai Sidar Aged About 49 Years Posted As Teacher L.B. Govt. Middle School Dudungjor, Block Patthalgaon District Jashpur Chhattisgarh. 22 - Anil Kumar Dansena S/o Murlidhar Aged About 45 Years Posted As Teacher L.B. Govt. Middle School Pandripani, Tehsil Patthalgaon District Jashpur Chhattisgarh. 23 - Laxminarayan Sharma S/o Bhim Prasad Sharma Aged About 53 Years Posted As Teacher L.B. Govt. Middle School Tamta, Block Patthalgaon District Jashpur Chhattisgarh. 24 - Dhaneshwar Sai Sidar S/o Aitbal Sai Sidar Aged About 42 Years Posted As Teacher L.B. Govt. Middle School Kunkuri Block Patthalgaon District Jashpur Chhattisgarh. 25 - Smt. Meena Dansena W/o Anil Kumar Dansena Aged About 42 Years Teacher L.B. Govt. Middle School Shekharpur, Block Patthalgaon District Jashpur Chhattisgarh. 4 26 - Smt. Manoranjita Khalkho W/o Sushil Khalkho Aged About 45 Years Posted As Lecturer L.B. Govt. Higher Secondary School Kotwa, Block Patthalgaon District Jashpur Chhattisgarh.
27 - Girdhari Lal Yadav S/o Manbodh Ram Yadav Aged About 47 Years Posted As Teacher L.B. Govt. Middle School Kunkuri Block Patthalgaon District Jashpur Chhattisgarh. 28 - Hanuwanta Sai Sidar S/o Hari Shankar Sai Sidar Aged About 47 Years Posted As Teacher L.B. Govt. Middle School Loker Block Patthalgaon District Jashpur Chhattisgarh. 29 - Devkunwar Painkara S/o Dinanath Aged About 48 Years Teacher L.B. Middle School Bagbahar Block Patthalgaon District Jashpur Chhattisgarh. 30 - Bholaram Dunsena S/o Bhonduram Aged About 50 Years Teacher L.B. Middle School Bahnatangar Block Patthalgaon District Jashpur Chhattisgarh. 31 - Asha Sharma S/o Damrudhar Aged About 54 Years Teacher L.B. Middle School Bagbahar Block Patthalgaon District Jashpur Chhattisgarh. 32 - Dulsay Samrath S/o Karmu Ram Aged About 49 Years Posted As Lecturer L.B. Govt. H.S. School Shekharpur, District Jashpur Chhattisgarh.
33 - Smt. Ramavati Dhruva W/o Kirte Sagar Dhruva Aged About 50 Years Teacher L.B. Girls Middle School Patthalgaon District Jashpur Chhattisgarh. 34 - Tanikram Khalkho S/o Pandu Ram Aged About 53 Years Teacher L.B. Govt. Middle School Kukrgaon Block Patthalgaon District Jashpur Chhattisgarh. 35 - Alexander Tirkey S/o Joshef Tirkey Aged About 44 Years Teacher L.B. Govt. Middle School Khuntapani Block Patthalgaon District Jashpur Chhattisgarh. 36 - Prabhuram Bhagat S/o Likhan Ram Aged About 49 Years Teacher L.B. Govt. Middle School Tildega, Block Patthalgaon District Jashpur Chhattisgarh. 37 - Usha Bhagat W/o Shri Prabhu Ram Bhagat Aged About 47 Years Govt. Middle School Pangsuwan, Block Patthalgaon District Jashpur Chhattisgarh. 38 - Asha Minj W/o Shri Mahesh Kumar Minj Aged About 43 Years Govt. Middle School Palideeh Block Patthalgaon District Jashpur Chhattisgarh. 39 - Lal Sai Painkra S/o Shri Janak Sai Painkra Aged About 45 Years Posted As Govt. Middle School Khutapani Block Patthalgaon District Jashpur Chhattisgarh. 40 - Meena Tirkey W/o Shri Naresh Tirkey Aged About 53 Years Govt. Middle School Bahnatangar, Block Patthalgaon District Jashpur Chhattisgarh. 41 - Jyoti Tigga W/o Shri Chandradeep Tigga Aged About 47 Years Govt. Middle School Katangtarai Tildega Block Patthalgaon District Jashpur Chhattisgarh. 42 - Vishwanath Paikra S/o Shri Basant Ram Aged About 49 Years Posted As Govt. Middle School Kokiyakhar Block Patthalgaon District Jashpur Chhattisgarh. 43 - Vijay Kumar Chhatra S/o Shri Shukhdeo Sai Aged About 51 Years Govt. Middle School Kurkutnala, Block Patthalgaon District Jashpur Chhattisgarh. 44 - Pyarelal Shringar S/o Shri Budhanath Aged About 54 Years Govt. Middle School Pemla Block Patthalgaon District Jashpur Chhattisgarh.
545 - Chandrakala Patel S/o Shri Niranjan Patel Aged About 43 Years Govt. Middle School Palideeh, Block Patthalgaon District Jashpur Chhattisgarh. 46 - Niranjan Patel S/o Shri Damrudhar Patel Aged About 47 Years Govt. Middle School Manuatikra Block Patthalgaon District Jashpur Chhattisgarh. 47 - Janani Devi W/o Shri Khageshwar Prasad Yadav Aged About 47 Years Govt. Middle School Patrapali, Block Patthalgaon District Jashpur Chhattisgarh. 48 - Keshwar Sai Painkra S/o Sethram Aged About 52 Years Posted As Govt. Girls Middle School Baghbahaar, Block Patthalgaon District Jashpur Chhattisgarh. 49 - Krishna Mohan Yadav S/o Shri Bhuneshwar Prasad Aged About 44 Years Govt. Middle School Kumekela Block Patthalgaon District Jashpur Chhattisgarh. 50 - Hido Jatwar S/o Shri Mahesh Jatwar Aged About 51 Years Teacher L.B. Diwanpur, Block Patthalgaon District Jashpur Chhattisgarh.
51 - Mahesh Jatwar Teacher L.B. Govt. Middle School Patrapali, Block Patthalgaon District Jashpur Chhattisgarh.
52 - Chakroram Yadav S/o Hirdey Ram Aged About 51 Years Teacher L.B. Govt. Middle School Tehlisarai Tahsil Patthalgaon Chhattisgarh.
53 - Loretta Toppo S/o Piush Toppo Aged About 43 Years Teacher L.B. Government Middle School Tehlisarai Block Pathalgaon District Jashpur Chhattisgarh. 54 - Padma Singh W/o Shri Narendra Singh Aged About 48 Years Teacher L.B. Middle School Tehlisarai, Block Patthalgaon District Jashpur Chhattisgarh. 55 - Smt. Ravidani Tirkey W/o Pawerus Lakra Aged About 48 Years Teacher L.B. Middile School, Kukargaon Block Pathalgaon District Jashpur Chhattisgarh. 56 - Smt. Vimla Khalkho W/o Santram Khalkho Aged About 48 Years Teacher L.B. Middle School Bhathudand Block Pathalgaon District Jashpur Chhattisgarh. 57 - Kalisa Xalxo W/o Romanus Xalxo Aged About 44 Years Teacher L.B. Middle School Raghunathpur, Post Pakargaon Block Pathalgaon District Jashpur Chhattisgarh. 58 - Radhika Sidar W/o Gyan Sai Sidar Aged About 42 Years Teacher L.B. Middle School Sukhrapara Block Pathalgaon, District Jashpur Chhattisgarh. 59 - Sudarshan Singh Painkara S/o Shri Sibal Sai Painkara Aged About 46 Years Lecturer Govt. H.S. School, Pharsatoli, Block Pathalgaon District Jashpur Chhattisgarh. 60 - Martha Keraketta W/o Shri Tahal Sai Kerketta Aged About 47 Years Teacher L.B. Govt. Middle School Khajaridhap, Block Pathalgaon District Jashpur Chhattisgarh. 61 - Smt. Shobhana Sidar W/o Shri Rajkumar Sidar Aged About 51 Years Teacher Govt. Middle School Tildega, Block Pathalgaon District Jashpur Chhattisgarh. 62 - Teerth Mohan Yadav S/o Shri Ratan Ram Yadav Aged About 52 Years H.S. School, (Bijapara) Kachhar, Block Pathalgaon District Jashpur Chhattisgarh. 63 - Lachhinder Prasad Yadav S/o Shri Liladhar Yadav Aged About 50 Years Teacher Govt. Middle School, Sarasmar, Block Pathalgaon District Jashpur Chhattisgarh. 6 64 - Phool Kumari Bhagat W/o Shri Rijhu Ram Aged About 48 Years Teacher Govt. Girls Middle School, Jhingrel B, Block Pathalgaon District Jashpur Chhattisgarh. 65 - Ganesh Prasad Choudhary S/o Shri Lok Nath Choudhary Aged About 51 Years Lecturer Govt. H.S. School, Buldega Block Pathalgaon District Jashpur Chhattisgarh. 66 - Amiya Kerketta W/o Shri Emil Lakra Aged About 49 Years Teacher L.B. Govt. Middle School Khazaridhap, Block Pathalgaon District Jashpur Chhattisgarh. 67 - Suresh Kumar Rao S/o Shri Padmnabh Sharan Rao Aged About 51 Years Teacher Govt. Middle School Kachhar, Block Pathalgaon District Jashpur Chhattisgarh. 68 - Meena Kujur W/o Shri John Kujur Aged About 47 Years Teacher Govt. Middle School Diwanpur, Block Pathalgaon, District Jashpur Chhattisgarh. 69 - Ramkumar Painkra S/o Shri Anjeet Singh Aged About 46 Years Teacher Govt. Middle School, Rede, Block Pathalgaon, District Jashpur Chhattisgarh. 70 - Dilbodh Ram Bhagat S/o Shri Negi Ram Bhagat Aged About 55 Years Teacher Govt. Middle School Kukurbhuka, Block Pathalgaon District Jashpur Chhattisgarh. 71 - Raghunath Singh Painkara S/o Shri Ranchan Sai Painkra Aged About 44 Years Teacher Govt. Middle School, Jamjhor, Block Pathalgaon District Jashpur Chhattisgarh. 72 - Jagarnath Padhi S/o Shri Bisheshwar Prasad Padhi, Teacher Govt. M.S. School Lugeg, Block Pathalgaon, District Jashpur Chhattisgarh.
73 - Basanti Dansena W/o Shri Santramm Dansena Aged About 47 Years Teacher Govt. Middle School Kachhar, Block Pathalgaon, District Jashpur Chhattisgarh. 74 - Ram Prasad Yadav S/o Shri Renu Ram Yadav Aged About 48 Years Teacher Govt. P.S. School, Dumarbahar, Block Pathalgaon District Jashpur Chhattisgarh. 75 - Narendra Kumar Painkra S/o Shri Bojrajsingh Painkra Aged About 49 Years Teacher Govt. P.S. School, Baturabahar, Block Pathalgaon District Jashpur Chhattisgarh. 76 - Mary Pushpa Tirky W/o Shri Jakariya Tirky Aged About 55 Years Teacher Govt. P.S. School Chirora, Block Kanshabel District Jashpur Chhattisgarh. 77 - Savita Mahankar W/o Shri Rijhan Chohan Aged About 52 Years Teacher L.B. Govt. Middle School, Farsatoli, Block Pathalgaon, District Jashpur Chhattisgarh. 78 - Dharamsingh Choudhary S/o Shri Chandrabhan Choudhary Aged About 50 Years Assistant Teacher L.B. Govt. P.S. School, Lakramuda, Block Pathalgaon, District Jashpur Chhattisgarh.
79 - Smt. Usha Prabha Kerketta W/o Shri Panchratius Bilung Aged About 49 Years Teacher, Asst. L.B. Govt. P.S. School Surangpani Block Pathalgaon, District Jashpur Chhattisgarh. 80 - Hemlata Sahu W/o Shri Chhabilal Sahu Aged About 60 Years Teacher S.P. Balak School Kotba, Block Pathalgaon District Jashpur Chhattisgarh. 81 - Rukmani Banjare S/o Shri Reshamlal Banjare Aged About 57 Years Teacher Govt. Primary School, Kotba, Block Pathalgaon District Jashpur Chhattisgarh. 82 - Rajkumar Painkara S/o Shri Sajit Sai Painkra Aged About 46 Years Teacher Govt. P.S. School Dumarbahar, Block Pathalgaon District Jashpur Chhattisgarh. 7 83 - Lalit Ram Sidar S/o Shri Laloo Ram Sidar Aged About 44 Years Teacher Govt. Middle School Pandaripani P.S. Khamtarai Block Pathalgaon District Jashpur Chhattisgah. 84 - Ghanshyam Singh Sidar S/o Shri Shivnandan Singh Sidar Aged About 57 Years Teacher Govt. Middle School Bhathudand, Block Pathalgaon District Jashpur Chhattisgarh. 85 - Dhanuram Yadav S/o Shri Biro Ram Yadav Aged About 47 Years Teacher L.B. Govt. Middle School Kumekela Post Tildega, Block Pathalgaon District Jashpur Chhattisgarh. 86 - Chandana Das S/o Shri Barun Kumar Das Aged About 58 Years Teacher L.B. Government Presecondary School Pathalgaon, Block Pathalgaon District Jashpur Chhattisgarh.
87 - Nehrulal Yadaw S/o Shri Dayaram Yadav Aged About 55 Years Teacher Middle School Katangjor, Block Pathalgaon District Jashpur Chhattisgarh. 88 - Surendra Kumar Munjani S/o Sudhuram Munjani Aged About 47 Years Teacher L.B.. Middle School, Kadro Block Patthalgaon District Jashpur Chhattisgarh. 89 - Gulab Kujur W/o Kuldeep Kujur Aged About 44 Years Teacher L.B. Middle School Gharjiyabadan, Block Pathalgaon District Jashpur Chhattisgarh. 90 - Kuldeep Kujur S/o Shri Silmon Kujur Aged About 46 Years Teacher L.B. Middle School, Chhatasarai, Post Tildega Block Patthalgaon District Jashpur Chhattisgarh. 91 - Smt. Jacinta Kerketta W/o Dilip Kumar Kerketta Aged About 45 Years L.B., Middle School Gharjiyabathan, Block Patthalgaon District Jashpur Chhattisgarh.
---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh. 2 - Secretary Panchayat Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh.
3 - Chief Executive Officer Zila Panchayat, Jashpur, District Jashpur Chhattisgarh. 4 - District Education Officer Jashpur, District Jashpur Chhattisgarh. 5 - State Of Madhya Pradesh Through Secretary, School Education Department, Mantralaya, Vallabh Bhawan Bhopal Chhattisgarh.
--- Respondent(s)
For Petitioner(s) : Mr. Anoop Majumdar, Advocate
For Respondent Nos. 1, : Mr. Abhyuday Tripathi, PL
2, 4 & 5
For Respondent No. 3 : Mr. Pramod Shrivastava, Advocate
Hon'ble Shri Justice Sachin Singh Rajput
Order On Board
03.03.2026
8
1. These two writ petitions involve an identical issue, accordingly, they are being heard together and are being decided by this common order. For the sake of convenience, the facts of WPS No. 3492 of 2021 are taken as the lead case.
2. The present writ petitions have been filed seeking the following reliefs:
"10.1 That, the respondent authorities may be directed to grant the petitioners the status of a regular Civil servant considering their initial date of appointment on the post of Shiksha Karmis (Grade III) and declare them entitled for pension under Chhattisgarh Civil Services Pension Rules 1976.
10.2 That, the impugned orders dated 16.02.2021 & 22.02.2021 passed by Respondent no.1 may kindly be set aside.
10.3. That, any other relief / reliefs which may deem fit and proper in the facts and circumstances of the case, may also be allowed."
3. Learned counsel for the petitioners submits that the petitioners were earlier working as Shiksha Karmis and their services were subsequently absorbed in the School Education Department in the year 2018. It is submitted that upon their retirement, the services rendered by them as Shiksha Karmis ought to be counted for the purpose of pensionary benefits. Learned counsel further submits that an identical issue arose in the case of Parmeshwar Prasad Jaiswal vs. State of Chhattisgarh decided in WPS No. 647 of 2021 and other connected matters wherein this Court while disposing of the writ petitions directed the State Government to frame an appropriate policy. Accordingly, it is prayed that the present writ petitions may also be disposed of in similar terms.
4. Learned counsel appearing for the respondents opposes the aforesaid submissions.
5. I have heard learned counsel for the parties and have perused the record.
6. Be that as it may, this Court in the case of Parmeshwar Prasad Jaiswal (supra) observed as follows in paragraphs 42, 43, 44, and 45: 9
"42. In the considered view of this Court, the ends of justice would be best served not by issuing a mandamus either granting or denying pensionary benefits, but by requiring the respondent-State to undertake a comprehensive and reasoned reconsideration of the determinative date of appointment for pensionary purposes in respect of employees whose service commenced as Shiksha karmis and later culminated in absorption into regular government service. Such reconsideration must necessarily take into account the continuity of service, nature of duties performed, source of salary, administrative control, and the constitutional mandate of equality under Articles 14 and 16 of the Constitution.
43. It is, therefore, clarified in unequivocal terms that this Court does not strike down or modify the existing policy, nor does it direct extension of any specific pensionary benefit. The formulation or amendment of policy remains within the exclusive prerogative of the State Government. However, any policy decision so taken must be clear, unambiguous, uniformly applicable and constitutionally compliant, so as to obviate further litigation and ensure predictability in service administration.
44. The State Government is accordingly expected to take a conscious, reasoned and categorical decision on the issue, including the question as to whether and to what extent the service rendered by the petitioners as Shikshakarmis prior to absorption in the School Education Department merits consideration for pensionary purposes, including the requirement of completion of ten years of qualifying service from 01.07.2018.
45. Needless to observe that any such decision shall be informed by relevant considerations, shall eschew arbitrariness, and shall conform to the constitutional guarantees of fairness, non- discrimination, and proportionality. It shall remain open to the petitioners to avail appropriate legal remedies in accordance with law, should the policy decision so taken give rise to any cause for grievance."10
7. In light of the observations made by this Court in WPS No. 647 of 2021, the present writ petitions are also disposed of. The observations made in Parmeshwar Prasad Jaiswal (supra) shall apply mutatis mutandis to the present case. It is made clear that this Court has not expressed any opinion on the merits of the case.
Sd/-
(Sachin Singh Rajput)
Judge
Digitally signed
by
HIFZURRAHMAN HIFZURRAHMAN
ANSARI ANSARI
Date: 2026.03.12
16:18:12 +0530
H.Ansari