Facts
The 36 appellants were initially appointed as Shiksha Karmi (Grade-II/III) under the Panchayat Department between 1998 and 2008
Source reference: para. 19On 01.07.2018, they were absorbed into the School Education Department of the State Government pursuant to a policy decision dated 30.06.2018
Source reference: para. 22, 27The appellants sought the benefit of Kramonnati Vetanman (time-bound pay scale upgrades) based on a State Government Circular dated 10.03.2017
Source reference: para. 17, 29They challenged the order of a learned Single Judge dated 24.11.2025, which dismissed their writ petition (WPS No. 11663/2025)
Source reference: para. 3The matter was heard by a Division Bench, which also addressed a 34-day delay in filing the appeal
Source reference: para. 1Issues
1. Whether teachers originally appointed under the Panchayat Cadre are entitled to the benefit of Kramonnati Vetanman under the Circular dated 10.03.2017 for their service period prior to absorption into the State Government service
Source reference: para. 4, 302. 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, 29Law Applied
State Government Circular dated 10.03.2017, which prescribes time-bound pay scales for Assistant Teachers in regular Government service after 10 and 20 years
Source reference: para. 18, 21Clauses 4 and 5 of the Absorption Order dated 30.06.2018, which stipulate that all benefits and seniority for absorbed teachers would be calculated from 01.07.2018 and explicitly bar claims for arrears or benefits for the period prior to absorption
Source reference: para. 27-28Principle that employees of a statutory body (Panchayat) are distinct from Government Servants and are governed by their respective recruitment rules, such as the Chhattisgarh Panchayat Shiksha Karmi (Recruitment and Conditions of Service) Rules, 2007
Source reference: para. 22-23Reasoning
The Court reasoned that the benefit of the 10.03.2017 Circular is reserved exclusively for regular State Government employees
Source reference: para. 21Since the appellants were employees of the Panchayat Department until 2018, their service conditions were governed by Panchayat-specific rules, not the circulars applicable to the State’s School Education Department
Source reference: para. 22-23The Bench observed that the policy of absorption (dated 30.06.2018) created a clear cut-off, restricting financial benefits for any period prior to 01.07.2018
Source reference: para. 27Regarding the plea of parity, the Court distinguished the precedent of Smt. Sona Sahu, noting it was decided on "peculiar facts" involving different departmental circulars and orders that did not apply to the current appellants
Source reference: para. 25-26, 30The Court concluded that there was no perversity in the Single Judge’s finding that the appellants were not similarly situated to regular government teachers during the period for which they claimed the benefit
Source reference: para. 32-33Holding
The Court condoned the 34-day delay but dismissed the writ appeal on merits
It held that the appellants, having been members of the Panchayat Cadre prior to 2018, cannot claim the status of Government Servants retrospectively to avail benefits under the 2017 Circular
Source reference: para. 26, 30The Court affirmed the Single Judge's order, ruling that the appellants were not entitled to the time-bound pay scale for the period prior to their absorption into the State Government service
Source reference: para. 5, 33Original Court PDF
SITARAM SAHUvsSTATE OF CHHATTISGARH
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