Facts
The appellants were appointed as Shiksha Karmis (Assistant Teachers/Teachers/Lecturers) under the Panchayat Department between 2008 and 2013
Source reference: p. 5-6, para 18They sought the benefit of Kramonnati Vetanman (time-bound pay scale) as per a State Government Circular dated 10.03.2017
Source reference: p. 4, para 16Their services were absorbed into the School Education Department only on 01.07.2018
Source reference: p. 6, para 21Prior to this, they were governed by the Chhattisgarh Panchayat Shiksha Karmi Rules, 2007
Source reference: p. 8-9, para 28A Single Judge dismissed their writ petition (WPS No. 8569/2025), holding they were not eligible for benefits under the 2017 Circular which applied only to regular Government servants
Source reference: p. 4, para 3The appellants challenged this dismissal via the present writ appeal
Source reference: p. 3-4Issues
1. Whether employees of the Panchayat Department (Shiksha Karmis) can claim the status of "Government Servant" to avail benefits under Government Circulars issued prior to their absorption into the School Education Department.
Source reference: p. 6-7, para 22-232. Whether the Circular dated 10.03.2017 regarding Kramonnati Vetanman applies to teachers belonging to the Panchayat Cadre.
Source reference: p. 6, para 20Law Applied
State Government Circular dated 10.03.2017, which regulates the grant of first and second Kramonnati Vetanman after 10 and 20 years of service respectively for regular Government employees
Source reference: p. 4-5, para 16-17Principle of "Distinct Cadre," distinguishing between employees under the Chhattisgarh Panchayat Raj Adhiniyam, 1993, and regular State Government servants
Source reference: p. 7, para 22-23Absorption policy dated 30.06.2018, specifically Clauses 4 and 5, which restrict the grant of arrears or retrospective benefits for the period prior to absorption (01.07.2018)
Source reference: p. 9, para 26Court's previous decisions in Writ Appeal No. 191/2026 and Writ Appeal No. 193/2026
Source reference: p. 11-12, para 4-5Reasoning
The court reasoned that the Circular dated 10.03.2017 was explicitly intended for Government servants and did not extend to the Panchayat Cadre
Source reference: p. 6, para 20-21Since the appellants were employees of the Panchayat Department at the time the Circular was issued, they were governed by the Panchayat Rules of 2007/2012, not State Government service rules
Source reference: p. 6-7, para 21-22The court noted that their status changed to "Government Servant" only upon absorption on 01.07.2018; however, the absorption order specifically prohibited claims for seniority or financial benefits for the period prior to that date
Source reference: p. 9, para 26-27The court distinguished the precedent of Smt. Sona Sahu (WA No. 261/2023), noting it was decided on its "peculiar facts" and did not create a general right for all Shiksha Karmis to claim parity with Government teachers for the period preceding 2018
Source reference: p. 7-8, para 24-25Holding
The court held that Shiksha Karmis are not entitled to Kramonnati Vetanman under the 10.03.2017 Circular as they were not Government servants at the relevant time
Any benefits arising from the absorption policy are effective only from 01.07.2018, and no arrears for the preceding period are payable
Source reference: p. 9, para 26The High Court dismissed the appeal and upheld the Single Judge's order
Source reference: p. 10-13, para 31-8The delay of 75 days in filing the appeal was condoned, but the appeal was dismissed on merits in line with the judgments in WA No. 191/2026 and WA No. 193/2026
Source reference: p. 13-14, para 8Original Court PDF
SMT. BHUNESHWARI DIWANvsSTATE OF CHHATTISGARH
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