Facts
The 20 appellants were originally appointed as Shiksha Karmis (Grades II and III) or Teachers/Assistant Teachers (L.B.) under the Panchayat Department between the period of 2008 and 2013
Source reference: p. 6-7, para. 18They were later absorbed into the School Education Department of the State Government following a policy decision dated 30.06.2018
Source reference: p. 7, para. 21The appellants filed a writ petition (WPS No. 12212/2025) seeking the benefit of Kramonnati Vetanman (time-bound pay scale) as per a State Government Circular dated 10.03.2017
Source reference: p. 5, para. 3-4The learned Single Judge dismissed the petition on 24.11.2025
Source reference: p. 5, para. 3The present writ appeal challenges that dismissal, with the appellants claiming parity with the case of Smt. Sona Sahu (WA No. 261/2023)
Source reference: p. 11, para. 28Issues
1. Whether the employees originally appointed under the Panchayat Cadre (Shiksha Karmi) are entitled to the benefit of Kramonnati Vetanman (time-bound pay scale) under the Circular dated 10.03.2017 applicable to regular Government servants
Source reference: p. 7-8, para. 20-222. Whether the appellants are entitled to parity with the judgment in Smt. Sona Sahu v. State of Chhattisgarh regarding the grant of time-bound pay scales
Source reference: p. 11, para. 28Law Applied
The court primarily applied the State Government Circular dated 10.03.2017, which provides for first and second Kramonnati Vetanman after 10 and 20 years of service respectively for regular Government teachers
Source reference: p. 5-6, para. 16-17It relied on the Chhattisgarh Panchayat Shiksha Karmi (Recruitment and Conditions of Service) Rules, 2007 and the Rules of 2012, which distinguish Panchayat employees from State Government servants
Source reference: p. 8, para. 22The court also applied the restrictive conditions of the Absorption Order dated 30.06.2018, specifically Clauses 4 and 5, which stipulate that seniority and benefits for absorbed employees shall be calculated from 01.07.2018 and no arrears shall be payable for the prior period
Source reference: p. 10, para. 26Finally, it followed the precedent set in Writ Appeal No. 191/2026 and Writ Appeal No. 193/2026, which adjudicated identical disputes for post-2008 and pre-2008 appointees respectively
Source reference: p. 14, para. 7Reasoning
The Court reasoned that the Circular dated 10.03.2017 applies strictly to regular Government employees and not to the Panchayat Cadre (Shiksha Karmi)
Source reference: p. 7, para. 20Since the appellants were employees of the Panchayat Department until their absorption on 01.07.2018, they did not hold the status of "Government Servants" during the period for which they sought the benefit
Source reference: p. 7-8, para. 21-22The Court distinguished the case of Sona Sahu, noting it was decided on "peculiar facts" involving specific circulars from 2011 and 2013 that did not apply here, as the current appellants had not completed the requisite 10 years of service at the time of the relevant 2017 circular
Source reference: p. 8-10, para. 19, 24-25Furthermore, the Court held that the absorption policy of 2018 explicitly prohibits claiming benefits or arrears for the period prior to 01.07.2018
Source reference: p. 10, para. 27Consequently, the service rendered under the Panchayat rules cannot be treated as equivalent to service under the School Education Department for the purpose of time-bound pay scales
Source reference: p. 11, para. 29Holding
The Court answered the issues in the negative, holding that the appellants are not entitled to the benefits of the 2017 Circular as they were not Government servants at the material time, and they cannot claim parity with the Sona Sahu case due to distinct factual and legal frameworks
The delay of 68 days was condoned [p. 4, para. 2], but the Writ Appeal was dismissed in terms of the judgments in WA No. 191/2026 and WA No. 193/2026
Source reference: p. 14-15, para. 7-8Original Court PDF
SHIV KUMAR KASHYAPvsSTATE OF CHHATTISGARH
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