Mahasamund, Chhattisgarh v. 1 - State of Chhattisgarh Through Its Secretary Department Of School Education, Mantralaya, Mahanadi
Case Details
1 Digitally signed by NADIM MOHLE 2025:CGHC:38386 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1021 of 2021 Sajid Khan Qureshi S/o Late Anwar Qureshi Aged About 34 Years Posted As Assistant Teacher (L.B.) Government Primary School, Gadaghat, Block Mahasamund, District Mahasamund R/o Ward No.11, Dabrapara, Bhagbahara District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh --- Petitioner versus 1 - State of Chhattisgarh Through Its Secretary Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, District Raipur Chhattisgarh. 2 - Secretary Department Of Panchayat And Rural Development, Mahtralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - District Education Officer District Mahasamund Chhattisgarh, District : Chhattisgarh Mahasamund, 4 - Chief Executive Officer Janpad Panchayat Bhagbahara, District Mahasamund Chhattisgarh Chhattisgarh, Mahasamund, District : 5 - Block Education Officer Bhagbahara District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh --- Respondent(s) WPS No. 2544 of 2021 Shiv Kumar Sarthi S/o Sunderlal Sarthi Aged About 47 Years Posted As Assistant Teacher (L. B.) At Government Primary School, Kauwatal, Block Masturi, District Balod, R/o Kududand Bilaspur District Bilaspur Chhattisgarh. ---Petitioner 2 Versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of General Administration, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur District Raipur Chhattisgarh 2 - Secretary Department Of School Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur District Raipur Chhattisgarh 3 - Director Directorate Of Chhattisgarh State Audit Local Fund Audit Raipur District Raipur Chhattisgarh 4 - District Education Officer Bilaspur District Bilaspur Chhattisgarh 5 - Chief Executive Officer Janpad Panchayat, Masturi, District Bilaspur Chhattisgarh 6 - Block Education Officer Block Masturi, District Bilaspur Chhattisgarh --- Respondent(s) WPS No. 1707 of 2021
Legal Reasoning
1 - Arvind Kumar Dwivedi S/o Shri Vidhyarthi Prasad Dwivedi Aged About 46 Years Posted As Assistant Teacher (L. B.) At Government Primary School, Khairadera, Block Bhagbahra, District Mahasamund R/o Village Sunsuniya, Bhagbahara District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh 2 - Beniram Chakradhari S/o Kanhai Chakradhari Aged About 48 Years Posted As Assistant Teacher (L. B.) At Government Primary School, Dihitemari, Block Bhagbahra, District Mahasamund R/o Village Bhandumunda,tendukona, Bhagbahara District Mahasamund Chhattisgarh 3 - Afshan Khan S/o Shri Inamul Ajim Aged About 52 Years Posted As Assistant Teacher (L. B.) At Government Primary School, Hainadadar, Block Bhagbahra, District Mahasamund R/o Village Ward No. 2,harnadadar Bhagbahara District Mahasamund Chhattisgarh 4 - Rajuram Thakur S/o Shri Shanturam Thakur Aged About 41 Years Posted As Assistant Teacher (L. B.) At Government Primary School, Khairadera, Block Bhagbahra, District Mahasamund R/o Village Jaamgoan, Bhagbahara District Mahasamund Chhattisgarh 5 - Virendra Kumar Chandrakar S/o Shri Arjun Singh Chandrakar Aged About 53 Years Posted As Assistant Teacher (L. B.) At Government Primary School, Seonikhurd, Block Bhagbahra, District Mahasamund R/o Village Goyanabahara, Bhagbahara District Mahasamund Chhattisgarh 3 6 - Santosh Kumar Choudhary S/o Shri Gopal Ram Choudhary Aged About 41 Years Posted As Assistant Teacher (L. B.) At Government Primary School, Khairadera, Block Bhagbahra, District Mahasamund R/o Village Ward No. 1, Bhanpur Bhagbahara District Mahasamund Chhattisgarh 7 - Sarita Sharma W/o Shri Mukesh Kumar Sharma Aged About 43 Years Posted As Assistant Teacher (L. B.) At Government Primary School, Tusada, Block Bhagbahra, District Mahasamund R/o Village Ward No 5,bhelsonda Bhagbahara District Mahasamund Chhattisgarh 8 - Rameshwari Parkar W/o Shri Mulchand Parkar Aged About 41 Years Posted As Assistant Teacher (L. B.) At Government Primary School,baharabhantha, Block Bhagbahra, District Mahasamund R/o Village Jalmala, Post Narra Bhagbahara District Mahasamund Chhattisgarh 9 - Jhanak Ram Kumhar S/o Shri Thanuram Kumhar Aged About 43 Years Posted As Assistant Teacher (L. B.) At Government Primary School, Baniyatora, Block Bhagbahra, District Mahasamund R/o Village Pandripani, Bhagbahara District Mahasamund Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Its Secretary Department Of General Administration, Mantralaya, Mahanadi Bhawan,(New Raipur), District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - Secretary Department Of School Education Mantralaya, Mahanadi Bhawan, Atal Nagar (New Raipur), District Raipur Chhattisgarh 3 - Deputy Director Directorate Of Chhattisgarh State Audit Local Fund Audit, Raipur, District Raipur Chhattisgarh 4 - District Education Officer Mahasamund, District Mahasamund, Chhattisgarh 5 - Chief Executive Officer Janpad Panchayat, Bhagbahara, District Mahasamund, Chhattisgarh 6 - Block Education Officer Block Bhagbahara, District Mahasamund Chhattisgarh --- Respondent(s) WPS No. 1884 of 2021 1 - Pradeep Kumar Verma S/o Shri Bhagwati Prasad Verma Aged About 40 Years Posted As Assistant Teacher (L.B.) At Government Primary School, Bihajhar, Block 4 Bhagbahra, District Mahasamund , R/o Village Khopli, Block Bhagbahara , District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 2 - Bhukan Lal Tandey S/o Shri Hariram Tandey Aged About 52 Years Posted As Assistant Teacher (L.B.) At Government Primary School, Khairtdhurd, Block Bhagbahra, District Mahasamund , R/o Village Bhaluchumva, Komakhan, Bhagbahara , District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 3 - Vinod Kumar Patel S/o Shri Tejram Patel Aged About 41 Years Posted As Assistant Teacher (L.B.) At Government Primary School, Basuladabari, Block Bhagbahra, District Mahasamund , R/o Village Arand, Arand , Barekela, Harnadadar, Pethora, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 4 - Rupa Pandey W/o Ajay Pandey Aged About 41 Years Posted As Assistant Teacher (L.B.) At Government Primary School, Kamardera Hababand, Block Bhagbahra, District Mahasamund , R/o L.I.G. 31/32, Housing Board Coliny, Machewa, Mahasamund, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 5 - Nirmala Patel W/o Jairam Patel Aged About 40 Years Posted As Assistant Teacher (L.B.) At Government Primary School, Kamroud, Block Bhagbahra, District Mahasamund R/o Bhagbahra District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 6 - Kewal Das Sahu S/o Milan Das Sahu Aged About 40 Years Posted As Assistant Teacher (L.B.) At Government Primary School, Tendukona, Block Bhagbahra, District Mahasamund , R/o Village Tendukona, Bhagbahara , District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 7 - Dinesh Kumar Nayak S/o Mohan Lal Nayak Aged About 40 Years Posted As Assistant Teacher (L.B.) At Government Primary School, Kushpali, Block Bhagbahra, District Mahasamund , R/o Village Sukhari, Chandan Bhelsonda, Kashdol, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 8 - Sanat Kumar Sahu S/o Bhuwan Lal Sahu Aged About 46 Years Posted As Assistant Teacher (L.B.) At Government Primary School, Tangopani Khurd, Block Bhagbahra, District Mahasamund , R/o Village Khopli,bhagbahara , District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Its Secretary Department Of General Administration , Mantralaya , Mahanadi Bhawan, Atal Nagar (New Raipur) , District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 5 2 - Secretary Department Of School Education Mantralaya , Mahanadi Bhawan, Atal Nagar (New Raipur), District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - Deputy Director Directorate Of Chhattisgarh State Audit Local Fund Audit , Raipur , District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 4 - District Education Officer Mahasamund, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 5 - Chief Executive Officer Janpad Panchayat , Bhagbahara, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 6 - Block Education Officer Block Bhagbahara, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh --- Respondent(s) WPS No. 3337 of 2021 1 - Pitambar Singh Banjara S/o Shital Singh Banjara Aged About 55 Years Posted As Assistant Teacher (L.B.) At Government Primary School , Kalyanpur, Block Bhagbahra , District Mahasamund , R/o Ward No. 4, Near Jain Mandir , Post Bhagbahara District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 2 - Lakeshwari Devi Verma W/o Durga Prasad Verma Aged About 45 Years Posted As Assistant Teacher (L.B.) At Government Primary School Darbekera , Block Bhagbahra , District Mahasamund. R/o Sarayepali , Post Komakhan , Bhagbahara District Mahasamund Chhattisgarh. 3 - Nema Chandrakar W/o Tarendra Chandrakar Aged About 50 Years Posted As Assistant Teacher (L.B.) At Government Primary School Shankarpara , Block Bhagbahra , District Mahasamund. R/o Ward No. 4, Ganeshpara, Bhagbahara, District Mahasamund Chhattisgarh. 4 - Jeenath Bariha S/o Ratnu Bariha Aged About 20 Years Posted As Assistant Teacher (L.B.) At Government Primary School Navadih, Block Bhagbahra , District Mahasamund. R/o Ghunchapli, Post Ghunchapali, Bhagbahara District Mahasamund Chhattisgarh. 5 - Bhuneshwari Dewangan W/o Dukhuram Dewangan Aged About 40 Years Posted As Assistant Teacher (L.B.) At Government Primary School Kalyanpur , Block Bhagbahra , District Mahasamund. R/o Kalyanpur , Post Kalyanpur , Bhagbahara District Mahasamund Chhattisgarh. 6 - Panchram Pandey S/o Shri Bichhiram Pandey Aged About 55 Years Posted As Assistant Teacher (L.B.) At Government Primary School Saraipali , Block Bhagbahra , District Mahasamund Chhattisgarh, District Mahasamund , Chhattisgarh R/o Ukhra , Komkhara Bhagbahara District Mahasamund Chhattisgarh. 6 7 - Sangeeta Sahu W/o Shri Chhabiram Sahu Aged About 41 Years Working As Assistant Teacher (L.B.) And Posted At Government Primary School Bagbhrakala, Block Bagbhra, District Mahasamund Chhattisgarh, District Mahasamund , Chhattisgarh R/o Village Behajhar Post Bhagbahara , District Mahasamund Chhattisgarh. 8 - Jagdish Patel S/o Shri Kholbahara Patel Aged About 50 Years Working As Assistant Teacher (L.B.) And Posted At Government Primary School Banjrahi, , Block Bhagbahra , District Mahasamund Chhattisgarh , District Mahasamund Chhattisgarh R/o Village Harnadadar, Post Ghuchapali Bhagbahara District Mahasamund Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary Department Of General Administration , Mantralaya Mahanadi Bhawan, Atal Nagar (New Raipur ), District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Secretary Department Of School Education , Mantralaya Mahanadi Bhawan, Atal Nagar (New Raipur ), District Raipur Chhattisgarh. 3 - Deputy Director Directorate Of Chhattisgarh State Audit Local Fund Audit Raipur , District Raipur Chhattisgarh. 4 - District Education Officer Mahasamund , District Mahasamund Chhattisgarh. 5 - Chief Executive Officer Janpad Panchayat , Bhagbahara, District Mahasamund Chhattisgarh. 6 - Block Education Officer Block Bhagbahara, District Mahasamund Chhattisgarh. --- Respondent(s) WPS No. 2703 of 2021 Villiam Prakash S/o Late Chandra Prakash Aged About 40 Years Posted As Assistant Teacher (L.B.) At Government Primary School, Salka, Block Manendragardh, District Balod, R/o Ward No. 01, Dharamnagri, Pondi, Chirimiri District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ---Petitioner Versus 7 1 - State Of Chhattisgarh Through Its Secretary, Department Of General Administration, Mantralaya, Mahanadi Bhawan, Atal Nagar (New Raipur), District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Secretary Department Of School Education Mantralaya, Mahanadi Bhawan, Atal Nagar (New Raipur), District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - Director Directorate Of Chhattisgarh State Audit Local Fund Audit, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 4 - District Education Officer Baikunthpur, District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 5 - Chief Executive Officer Janpad Panchayat Manendragardh, District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 6 - Block Education Officer Block Manendragarh, District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh --- Respondent(s) WPS No. 3338 of 2021 1 - Veena Dwivedi W/o Shri Arvind Dwivedi Aged About 42 Years Posted As Assistant Teacher (L.B.) At Government Primary School, Sunsuniya, Block Bhagbahra, District Mahasamund, R/o Village Sunsuniya, Post Bhagbahara District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 2 - Kiran Nag W/o Rajesh Kumar Nag Aged About 45 Years Posted As Assistant Teacher (L.B.) At Government Primary School, Harnadadar, Block Bhagbahra, District Mahasamund, R/o Near Jain Mandir, Bhagbahara, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 3 - Sarita Sharma W/o Mukesh Kumar Sharma Aged About 43 Years Posted As Assistant Teacher (L.B.) At Government Primary School, Tusada, Block Bhagbahra, District Mahasamund, R/o Ward No. 23, Subash Nagar, Mahasamund, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 4 - Amir Singh Diwan S/o Heera Singh Thakur Aged About 20 Years Posted As Assistant Teacher (L.B.) At Government Primary School, Kokadi, Block Bhagbahra, District Mahasamund, R/o Tilayedadar Post Samhar, Bhagbahara District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 5 - Khemraj Tandon S/o Ramcharan Tandon Aged About 50 Years Posted As Assistant Teacher (L.B.) At Government Primary School, Suarmar, Block Bhagbahra, District Mahasamund, R/o Village Suarmar Post Komakhan, Bhagbahara District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 8 6 - Harshpreet Kaur Bhagga W/o Harmit Singh Bhagga Aged About 41 Years Posted As Assistant Teacher (L.B.) At Government Primary School, Bhagbahara Kala, Block Bhagbahra, District Mahasamund, R/o Gurudwarapara, Bhagbahara, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 7 - Vishram Jagat S/o Ratan Lal Jagat Aged About 47 Years Posted As Assistant Teacher (L.B.) At Government Primary School, Ganjar, Block Bhagbahra, District Mahasamund, R/o Village Phoolwari Post Komakhan, Bhagbahara, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 8 - Bindu Kumar Patel S/o Tejram Patel Aged About 41 Years Posted As Assistant Teacher (L.B.) At Government Primary School, Basuladabari, Block Bhagbahra, District Mahasamund, R/o Village Lamkeni, Post Samhar, Bhagbahara District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 9 - Benuram Choure S/o Late Punuram Choure Aged About 52 Years Posted As Assistant Teacher (L.B.) At Government Primary School, Paterapali S, Block Bhagbahra, District Mahasamund, R/o Village Ukhra, Post Komakhan, Bhagbahara District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 10 - Santosh Kumar Dhruw S/o Dev Singh Dhruw Aged About 41 Years Posted As Assistant Teacher (L.B.) At Government Primary School, Kandisar, Block Bhagbahra, District Mahasamund, R/o Village Kandighar Guchapali, Bhagbahara District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 11 - Raju Lal Dhruw S/o Shilap Dhruw Aged About 43 Years Posted As Assistant Teacher (L.B.) At Government Primary School, Khamriya, Block Bhagbahra, District Mahasamund, R/o Village Tamora, Bhagbahara District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 12 - Vimal Thakur W/o Gajendra Thakur Aged About 46 Years Posted As Assistant Teacher (L.B.) At Government Primary School, Mungaser, Block Bhagbahra, District Mahasamund, R/o Village Ganjar, Bhagbahara District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of General Administration Mantralaya, Mahanadi Bhawan, Atal Nagar (New Raipur) District Raipur Chhattistgarh., District : Raipur, Chhattisgarh 2 - Secretary Department Of School Education, Mantralaya Mahanadi Bhawan, Atal Nagar (New Raipur) District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 9 3 - Deputy Director Directorate Of Chhattisgarh State Audit Local Fund Audit Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 4 - District Education Officer Mahasamund District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 5 - Chief Executive Officer Janpad Panchayat, Bhagbahara, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 6 - Block Education Officer Block Bhagbahara, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh --- Respondent(s) For Petitioner(s) For State : : Mr. Waquar Naiyer, Advocate Mr. Vedant Shadangi, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 04/08/2025 1. Since common questions of law and facts are involved in WPS No. 1021/2021, WPS/1884/2021, WPS/1707/2021, WPS/3337/2021, and WPS/3338/2021, they are heard together and are being decided by this common order. 2. Mr. Naiyer, learned counsel for the petitioners submits that the brief facts of these petitions are that the petitioners are working as Shikshakarmi Grade-III, and have completed 10 years of service. He would further submit that the petitioners are claiming entitlement to Kramonnati. He would also submit that the petitioners had made representations before the Chief Executive Officer, Janpad Panchayat, Bagbhra, District Mahasamund, which were rejected vide orders dated 15.01.2021 and 27.01.2021 (Annexure P/1). Against which, the present petitions have been filed. 10 3. Mr. Naiyer would contend that the issue involved in the present petitions has already been decided by the Hon’ble Division Bench of this Court in Smt. Sona Sahu v. State of Chhattisgarh & Ors. in Writ Appeal No. 261 of 2023, decided on 28.02.2024; thus, he prays that the impugned orders may be quashed and the petitioners may be permitted to make a fresh representation and same would be considered and decided in terms of the said judgment. 4. On the other hand, learned State counsel opposes the submission made by counsel for the petitioners. 5. Heard learned counsel for the parties and perused the documents placed on file. 6. Taking into consideration the decision of the Hon’ble Division Bench in Smt. Sona Sahu (supra), the orders dated 15.01.2021 and 27.01.2021 (Annexure P/1), passed by the Chief Executive Officer, Janpad Panchayat, Bagbhra, District Mahasamund, are hereby quashed. 7. The petitioners are directed to make a fresh representation before the concerned respondent authorities, and same would be considered in the light of the judgment rendered in Smt. Sona Sahu (supra). 8. With the aforesaid observation(s) and direction(s), WPS No. 1021/2021, WPS/1884/2021, WPS/1707/2021, WPS/3337/2021,
Decision
and WPS/3338/2021, are allowed & stand disposed of. 9. In WPS No. 2544/2021 and WPS No. 2703/2021, the petitioners have also claimed Kramonnati. It is pleaded that the respondent-State has issued relevant circulars regarding grant of Kramonnati, and the Hon’ble Division Bench of this Court has already considered this issue in the matter of Smt. Sona Sahu (supra). 10. Taking into consideration the fact that the petitioners are similarly situated persons and by way of these writ petitions they are claiming 11 the same benefit, at this stage, the petitions are disposed of reserving liberty in favour of the petitioners to make representations before the competent respondent authorities, raising all grounds as pleaded in the writ petitions and annex all relevant documents, including a copy of the judgment passed in Smt. Sona Sahu (supra). 11. On such representations being made, it is expected that the respondent authorities shall consider and decide the same in accordance with law, taking into consideration the relevant circulars and the judgment passed in Smt. Sona Sahu (supra), within a period of four months from the date of receipt of the representation. 12. Accordingly, WPS No. 2544/2021 and WPS No. 2703/2021 also stand disposed of with the above observation(s) and direction(s). 13. It is made clear that this Court has not expressed any opinion on the merits of the case. Sd/- Rakesh Mohan Pandey JUDGE Nadim