Chhattisgarh High Court

Absorbed employees cannot claim government time-bound pay scales for service rendered under the Panchayat cadre.

KAMAL NARAYAN YADAW vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: April 09, 20263 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The 47 appellants were initially appointed as Shiksha Karmi Grade-II and Grade-III under the Panchayat Department between 1998 and 2008

Source reference: para. 19

Their services were governed by the Chhattisgarh Panchayat Shiksha Karmi (Recruitment and Conditions of Service) Rules, 2007 and the Panchayat Raj Adhiniyam, 1993

Source reference: para. 23, 29

Pursuant to a State policy dated 30.06.2018, the appellants were absorbed into the School Education Department of the State Government effective from 01.07.2018

Source reference: para. 22, 29

The appellants sought the benefit of Kramonnati Vetanman (time-bound pay scale) based on a Government Circular dated 10.03.2017, claiming parity with the case of Smt. Sona Sahu (WA No. 261/2023)

Source reference: para. 25, 29

A learned Single Judge dismissed their writ petition (WPS No. 11153/2025) on 24.11.2025, leading to the present intra-court appeal

Source reference: para. 3
02

Issues

Whether teachers belonging to the Panchayat Cadre (Shiksha Karmi), who were absorbed into the State School Education Department in 2018, are entitled to the benefits of the Circular dated 10.03.2017 regarding time-bound pay scales for service rendered prior to their absorption.

Source reference: para. 18-21

Whether the appellants are entitled to parity with the judgment in Smt. Sona Sahu v. State of Chhattisgarh (WA No. 261/2023).

Source reference: para. 25-26
03

Law Applied

The Court applied the State Government Circular dated 10.03.2017, which provides for the grant of first and second Kramonnati Vetanman after 10 and 20 years of service respectively, specifically to regular Government employees

Source reference: para. 17-18

It relied on Clauses 4 and 5 of the Absorption Order dated 30.06.2018, which stipulate that all benefits for absorbed employees shall be calculated from the date of absorption (01.07.2018) and that no arrears for the period prior to absorption shall be payable

Source reference: para. 27

The Court also distinguished between the service conditions of Panchayat employees (governed by the Rules of 2007/2012) and State Government servants, holding that service in the former cannot be treated as equivalent to the latter for the purposes of time-bound pay scales unless expressly provided

Source reference: para. 23-24, 30
04

Reasoning

The Court reasoned that the Circular dated 10.03.2017 was intended for regular Government servants and did not extend benefits to the Panchayat Cadre, including Shiksha Karmis

Source reference: para. 21

Since the appellants were employees of the Panchayat Department until their absorption in 2018, they did not hold the status of "Government Servants" during the period for which the benefit was claimed

Source reference: para. 22-23

The Court observed that the absorption policy itself contained a restrictive clause (Clause 4 and 5) that barred any claims for arrears or seniority-based financial benefits for the period prior to 01.07.2018

Source reference: para. 27-28

Regarding the claim for parity with Smt. Sona Sahu, the Court noted that her case was decided on "peculiar facts" involving specific prior circulars and administrative orders that were not applicable to the present appellants

Source reference: para. 25-26

Consequently, following the precedent set in WA No. 193/2026, the Court found no infirmity in the Single Judge's decision

Source reference: para. 4-5, 32
05

Holding

The Court answered the issues in the negative, holding that the appellants cannot claim the benefit of the 2017 Circular as they were not Government servants during the relevant period and are bound by the restrictive clauses of the 2018 absorption order

The Division Bench dismissed the writ appeal, affirming the dismissal of the writ petition

Source reference: para. 6, 33

The Court also condoned the 37-day delay in filing the appeal

Source reference: para. 2
Chhattisgarh High Court

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KAMAL NARAYAN YADAWvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · April 09, 2026

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