Facts
The appellants were originally appointed as Shiksha Karmi Grade-II and Grade-III (Panchayat Cadre) between 2008 and 2013 under the Chhattisgarh Panchayat Raj Adhiniyam, 1993
Source reference: para 18They served under the Panchayat Department until their services were absorbed into the School Education Department on 01.07.2018 pursuant to a state policy
Source reference: para 21, 28The appellants filed a writ petition (WPS No. 4073/2025) seeking the benefit of Kramonnati Vetanman (time-bound pay scale) as per a Government Circular dated 10.03.2017
Source reference: para 3-4The Single Judge dismissed the petition on 24.11.2025, leading to this intra-court appeal
Source reference: para 3Issues
1. Whether the employees of the Panchayat Cadre (Shiksha Karmi) are entitled to the benefit of Kramonnati Vetanman under the Circular dated 10.03.2017 issued for Government Teachers
Source reference: para 16-172. Whether the appellants can claim parity with the case of Smt. Sona Sahu (WA No. 261/2023) despite the specific restrictions mentioned in the absorption order of 2018
Source reference: para 24-26Law Applied
State Government Circular dated 10.03.2017, which provides for first and second time-bound pay scales for Assistant Teachers in government service after 10 and 20 years respectively
Source reference: para 16-17Chhattisgarh Panchayat Shiksha Karmi (Recruitment and Conditions of Service) Rules, 2007, and the 2012 Rules, which distinguish Panchayat employees from State Government servants
Source reference: para 22"Absorption Order" dated 30.06.2018, specifically Clauses 4 and 5, which stipulate that seniority and benefits for absorbed teachers shall be calculated from 01.07.2018 and no arrears prior to that date shall be payable
Source reference: para 26Doctrine of parity as interpreted in State of Punjab v. Jagjit Singh (2017) and Rohan Vijay Nahar v. State of Maharashtra (2025), requiring claimants to be similarly situated to invoke equal treatment
Source reference: para 31Reasoning
The Court reasoned that the Circular dated 10.03.2017 was intended exclusively for regular Government employees and did not extend to the Panchayat Cadre or Shiksha Karmis
Source reference: para 20-21Since the appellants were employees of the Panchayat Department until their absorption in 2018, they were governed by Panchayat-specific service rules rather than State Government rules
Source reference: para 22The Court distinguished the precedent of Smt. Sona Sahu, noting it was decided on "peculiar facts" where the employee had certain rights prior to the cancellation of specific 2011/2013 circulars, which did not apply to the current appellants who were appointed later
Source reference: para 24-25The Court emphasized that under the 2018 absorption policy, the appellants accepted the condition that no past arrears or benefits prior to 01.07.2018 would be granted
Source reference: para 26-27Consequently, the service rendered in the Panchayat Department cannot be treated as equivalent to service under the School Education Department for the purpose of the 2017 Circular
Source reference: para 29Holding
The High Court dismissed the appeal, holding that the appellants are not entitled to the benefit of Kramonnati Vetanman under the 2017 Circular
The Court affirmed the Single Judge's decision, concluding that there was no perversity in the finding that Panchayat Cadre employees and Government Teachers constitute two distinct classes until the date of formal absorption
Source reference: para 31-32The delay of 16 days in filing the appeal was condoned [para 2], but the case was dismissed on merits in terms of the precedent set in Writ Appeal No. 191/2026
Source reference: para 2, 6Original Court PDF
KAMAL KISHOR SHARMAvsSTATE OF CHHATTISGARH
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