CHAGAN LAL PATEL vs STATE OF CHHATTISGARH

1

CGHC010414222026 2026:CGHC:44988
NAFR
SOURABH
BHILWAR
Digitally signed by
SOURABH
BHILWAR
Date: 2026.10.27
12:06:07 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 7636 of 2026
1 - Chagan Lal Patel S/o Shri Dashrath Lal Patel Aged About 33 Years
Initial Appointed As A Assistant Grade -3 At Govt. Higher Secondary
School Baghmara, Block- Balod, Distt. - Balod C.G.
2 - Praveen Kumar Chandrakar S/o Late Shri Hemant Kumar
Chandrakar Aged About 33 Years Posted As A Assistant Grade - 3 At
Govt. Higher Secondary School Khuteri/khe, Block Gunderdehi, Distt.
Balod C.G.
3 - Devendra Kumar Rawte S/o Goverdhan Singh Aged About 27 Years
Initial Appointed As A Assistant Grade-3 At Govt. Girls High School
Ghotiya, Block Daundi, Distt. Balod C.G.
4 - Praveen Kumar Arya S/o Late Shri Likhan Singh Arya Aged About 26
Years Initial Appointed As A Assistant Grade-3 At Govt. High School
Chipra (T- Cadre), Block Daundi, Distt. Balod C.G.
5 - Vijay Kumar Thakur S/o Late Shri Chandu Lal Thakur Aged About 30
Years Initial Appointed As A Assistant Grade-3 In The Office Of Block
Education Officer Daundi, Block Daundi, Distt. Balod C.G.
6 - Laxmi Narayan Badhai S/o Late Shri Bhagwati Prasad Bai Aged
About 30 Years Initial Appointed As A Assistant Grade-3 At Govt. Higher
Secondary School Sanjari, Block - Daundilohara, Distt - Balod C.G.

2
7 - Jagdish Prasad S/o Late Shri Lilu Ram Sahu Aged About 24 Years
Initial Appointed As A Assistant Grade-3 At Govt. Girls Higher
Secondary School Nepani, Block - Balod, Distt - Balod C.G.
8 - Chandraprakash Ramteke S/o Late Uday Ramteke Aged About 39
Years Initial Appointed As A Assistant Grade-3 At Govt. Higher
Secondary School Beloda, Block - Rajhara, Distt - Balod C.G.
9 - Vedprakash Sahu S/o Late Shri Jeevan Lal Vanpal Aged About 28
Years Initial Appointed As A Assistant Grade-3 At Govt. Higher
Secondary School Kannewada , Block - Balod, Distt - Balod C.G.
10 - Kumari Anuradha D/o Late Shri Chinta Ram Gore Aged About 28
Years Initial Appointed As A Assistant Grade-3 At Govt. Higher
Secondary School Tatenga, Block - Daundilohara, Distt - Balod C.G.
11 - Deepesh Kumar Sahu S/o Late Shri Ripu Sudan Sahu Aged About
36 Years Initial Appointed As A Assistant Grade-3 At Govt. Higher
Secondary School Piperchedi, Distt - Balod C.G.
12 - Shri Venugopal Dilliwar S/o Late Shri Hirman Singh Dilliwar Aged
About 35 Years Initial Appointed As A Assistant Grade-3 At Govt. Higher
Secondary School Bhainsbor, Block Daundi, (T) Cadre, Distt - Balod
C.G.
13 - Prateek Tirpude S/o Late Shrimati Asha Tirpude Aged About 28
Years Initial Appointed As A Assistant Grade-3 At Govt. Higher
Secondary School Badahi, Block - Balod, Distt - Balod C.G.
14 - Daman Singh Thakur S/o Late Shri Rohit Kumar Thakur Aged
About 29 Years Initial Appointed As A Assistant Grade-3 At Govt. Higher
Secondary School Pondi, Block - Balod, Distt - Balod C.G.

3
15 - Yogendra Sahu S/o Late Shri Ailam Singh Aged About 29 Years
Initial Appointed As A Assistant Grade-3 At Govt. Higher Secondary
School Sages, Tehsil - Balod, Distt - Balod C.G.
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Secretary, Education
Department, Mahanadi Bhawan, Naya Mantralaya, Naya Raipur, District
Raipur, C.G.
2 - General Administration Department, C G Govt, Mahanadi Bahavan,
Mantralay Naya Raipur,
3 - State Of Chhattisgarh Through The Secretary, Finance Department
Mahanadi Bhawan, Naya Mantralaya, Naya Raipur, District Raipur, C.G.
4 - State Of Chhattisgarh Through Public Education Department
Mahanadi Bhawan, Naya Mantralaya, Naya Raipur, District Raipur C.G.
5 - District Education Officer, Balod, District Balod, C.G.
6 - Joint Director, Treasury Accounts And Pension Department, Durg
C.G.
7 - Short Hand And Type Writing Computer Skill Test Council, Mahanadi
Bhawan, Naya Mantralayay, Naya Raipur, District Raipur, C.G.
... Respondents
(Cause title is taken from Case Information System)
For Petitioners : Mr. B.P. Singh, Advocate
For State : Mr. Ghanshyam Kashyap, Dy. G.A.
(Hon’ble Shri Justice Bibhu Datta Guru)
Order on Board
26/10/2026

4
1. The petitioners have approached this Court seeking grant of
annual increments which, according to them, have been withheld
on account of non-compliance of the condition relating to passing
of the Hindi Typing Skill Test.
2. (A) Learned counsel for the petitioners submits that the petitioners
were appointed on compassionate grounds in accordance with
the circular/guidelines dated 14.06.2013 issued by the State of
Chhattisgarh, which, under Clause 10.3, requires them to pass
the Hindi Typing Skill Test within two years of their appointment,
with provision for extension up to a maximum period of four years.
It is submitted that the respondent authorities failed to conduct the
said examination within the prescribed period and even thereafter
for several years. Subsequently, when the examination was
conducted on 28.06.2021, all the petitioners appeared and
qualified the same, pursuant to which the benefit of increments
was granted vide order dated 18.10.2021. Learned counsel
further submits that the petitioners have completed the PGDCA
course and some of them were granted the benefit of increments
on that basis after verification of their service records and
educational qualifications.
(B) Learned counsel for the petitioners further submits that the
respondent authorities are now seeking to recover the increments
already granted to some of the petitioners on the ground that the
same were granted by mistake, whereas similarly situated
petitioners continue to receive the benefit of increments. He

5
contends that the petitioners cannot be made to suffer for the
failure of the respondent authorities to conduct the requisite
examination within the prescribed period and that the proposed
recovery and discriminatory treatment are arbitrary and violative
of Article 14 of the Constitution of India.
3. Per contra , learned counsel appearing for the respondents
submits that the condition regarding passing of the Hindi Typing
Skill Test is contained in the applicable policy and, therefore, the
petitioners cannot claim the benefit of increment contrary to the
said condition. It is submitted that the examination was
subsequently conducted and the petitioners are required to
comply with the prescribed condition.
4. Heard learned counsel for the petitioners as well as learned
counsel appearing for the respondents.
5. From the material placed on record, it is not in dispute that the
policy governing compassionate appointments contains a specific
condition regarding passing of the Hindi Typing Skill Test. The
relevant provision contemplates that the person appointed on
compassionate grounds is required to pass the Hindi Typing Skill
Test within the period prescribed therein. The policy further
provides for extension of the period in the circumstances
contemplated therein and also contains a provision regarding the
consequence of passing the examination and grant of increment.
6. The respondents themselves have admitted that the Hindi Typing

6
Skill Test was not conducted for several years after the
appointment of the petitioners. It is further submitted that, when
the respondent authorities conducted the said examination on
28.06.2021, all the petitioners appeared and qualified the same.
Thereafter, the respondent authorities granted the benefit of
increments vide order dated 18.10.2021. However, despite the
petitioners having qualified the examination and completed the
PGDCA course, the respondent authorities are now seeking to
recover the increments already granted to some of the petitioners
on the ground that the same were granted by mistake.
7. Thus, the record indicates that for a considerable period the
requisite Hindi Typing Skill Test was not conducted in the
concerned district. In such circumstances, the petitioners cannot
be said to have deliberately avoided or refused to appear in the
examination. The inability of the petitioners to comply with the
condition of passing the skill test during the relevant period
cannot, therefore, be attributed solely to the petitioners when the
examination itself was not being conducted by the respondent
authorities.
8. The condition prescribed under the policy cannot be disputed. The
petitioners, therefore, are required to comply with the said
condition. However, the benefit of annual increment for the
intervening period i.e. from 2013 till 2021 cannot be denied merely
on the ground that the petitioners could not pass an examination
which was not conducted by the respondent authorities during the

7
relevant period. In view of the aforesaid facts and circumstances,
the petitioners are entitled to consideration of their claim for grant
of annual increments for the period in question.
9. In view of the aforesaid facts and circumstances, the respondents
are directed to grant the annual increments, to the petitioners,
which became due to them during the period from 2013 to 2021,
subject to their respective dates of appointment and their
entitlement under the applicable service rules/policy. The said
benefit shall not be denied to the petitioners merely on the ground
that they had not passed the Hindi Typing Skill Test during the
aforesaid period, as the requisite examination was admittedly not
conducted in the concerned District during the said period.
10. The respondents shall accordingly re-fix the pay of the petitioners
by granting the aforesaid increments for the period from 2013 to
2021 and release the consequential monetary benefits, in
accordance with law, within a period of three months from the
date of receipt of a copy of this order.
11. The petition is accordingly allowed to the aforesaid extent.
SD/-
Sd/-
( Bibhu Datta Guru )
JUDGE
$. Bhilwar