Facts
The 39 petitioners were initially appointed as teachers (Shikshakarmis/Assistant Teachers) by the Janpad Panchayat under the Panchayat Department.
Source reference: p. 7-8Following a State Government policy decision dated June 30, 2018, they were absorbed into the School Education Department.
Source reference: p. 7-8The petitioners approached the High Court seeking a writ of mandamus to direct the respondents to grant them "Kramonnati Vetanman" (upgraded pay scale) upon the completion of 10 or 20 years of service, relying on the precedent set in Sona Sahu v. State of Chhattisgarh.
Source reference: p. 6-7The State contested the claim, arguing that the petitioners’ service conditions were governed by separate Panchayat Raj rules prior to their 2018 absorption.
Source reference: p. 8Issues
1. Whether the petitioners, originally appointed under the Panchayat Department and later absorbed into the Education Department, are entitled to the benefit of Kramonnati Vetanman under the circular dated March 10, 2017.
Source reference: p. 8, para. 3-52. Whether the precedent in Sona Sahu v. State of Chhattisgarh applies to employees whose initial service was under the Panchayat Department.
Source reference: p. 7-8, para. 3Law Applied
The Court primarily applied the eligibility criteria outlined in the State Government's Circular dated March 10, 2017, regarding pay scale upgradation for regular Departmental teachers.
Source reference: p. 8, para. 5The legal distinction established by the Coordinate Bench of the Chhattisgarh High Court in WPS No. 11009 of 2025, which held that Shikshakarmis governed by the Chhattisgarh Panchayat Raj Adhiniyam, 1993, do not qualify as "teachers of the School Education Department" for the purpose of retrospective Kramonnati benefits.
Source reference: p. 8, para. 5Reasoning
The Court noted that the petitioners did not dispute their initial appointment by the Janpad Panchayat rather than the School Education Department.
Source reference: p. 8, para. 4Applying the reasoning from the lead case WPS No. 11009 of 2025, the Court observed that until their absorption on June 30, 2018, the petitioners were governed by separate rules framed under the Panchayat Raj Adhiniyam, 1993, despite their designations as Assistant Teacher (Panchayat) or Lecturer (Panchayat).
Source reference: p. 8, para. 5Consequently, the Court found that they failed to meet the specific departmental criteria laid down in the March 10, 2017 circular required for the relief sought.
Source reference: p. 8, para. 5The Court concluded that the facts of the present case were identical to the dismissed batch of petitions in WPS No. 11009 of 2025.
Source reference: p. 8-9, para. 6Holding
The Court answered the issues in the negative, holding that the petitioners are not entitled to Kramonnati Vetanman based on their pre-absorption service period.
The Court dismissed the writ petition in terms of the order passed in WPS No. 11009 of 2025 decided on November 24, 2025.
Source reference: p. 8-9, para. 5-6Original Court PDF
TULSI DIVYAvsSTATE OF CHHATTISGARH
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