Facts
The appellants were appointed as Shiksha Karmi (Grade-II and III) under the Panchayat Department between 1998 and 2008
Source reference: para 19, 29Following a State Government policy decision dated 30.06.2018, they were absorbed into the School Education Department as 'Teacher (L.B.)' cadre effective from 01.07.2018
Source reference: para 22, 27The appellants sought the benefit of Kramonnati Vetanman (time-bound pay scale) under a General Administration Department Circular dated 10.03.2017, which granted such benefits to regular Assistant Teachers after 10 and 20 years of service
Source reference: para 17, 29The learned Single Judge dismissed their writ petition (WPS No. 11009/2025) on 24.11.2025
Source reference: para 3The appellants challenged this dismissal, claiming parity with the judgment in Smt. Sona Sahu (WA No. 261/2023)
Source reference: para 25, 29Issues
1. Whether teachers originally appointed under the Panchayat Cadre are entitled to Kramonnati Vetanman under the Circular dated 10.03.2017 for the service period rendered prior to their absorption into the School Education Department
Source reference: para 4, 302. Whether the appellants are entitled to parity with the relief granted in the case of Smt. Sona Sahu v. State of Chhattisgarh
Source reference: para 26, 29Law Applied
The Court primarily relied on the Circular dated 10.03.2017, which prescribes the grant of time-bound pay scales for regular government servants
Source reference: para 17-18It applied the Chhattisgarh Panchayat Shiksha Karmi (Recruitment and Conditions of Service) Rules, 2007, and the Rules of 2012, which established that Shiksha Karmis are employees of the Panchayat and not the State Government
Source reference: para 23Furthermore, the Court enforced Clauses 4 and 5 of the Absorption Order dated 30.06.2018, which expressly stipulate that the calculation of benefits for the absorbed cadre would commence only from 01.07.2018 and that no arrears would be payable for the period prior to absorption
Source reference: para 27-28Reasoning
The Court reasoned that there is a clear legal distinction between State Government employees and Panchayat cadre employees
Source reference: para 24The Circular dated 10.03.2017 was intended for regular government servants and did not extend benefits to the Panchayat Cadre
Source reference: para 21Since the appellants were governed by Panchayat-specific service rules until their absorption in 2018, they could not claim the status of "Government Servants" retrospectively to avail of time-bound pay scales
Source reference: para 23-26The Court distinguished the Sona Sahu case, noting it was decided based on its "peculiar facts" involving specific circulars not applicable here
Source reference: para 25Following the precedent set in Writ Appeal No. 193/2026, the Court held that the appellants’ service as Shiksha Karmi cannot be treated as equivalent to service under the School Education Department for the purpose of the 2017 Circular
Source reference: para 4, 30Holding
The Court dismissed the writ appeal, affirming the order of the learned Single Judge
It held that the appellants are not entitled to Kramonnati Vetanman for their service period in the Panchayat Department as they were not government servants during that time
Source reference: para 26, 30The Court further ruled that the absorption policy specifically bars any claims for arrears or benefits pertaining to the period before 01.07.2018
Source reference: para 27-28No interference with the impugned judgment was deemed necessary as it lacked perversity or infirmity
Source reference: para 32-33Original Court PDF
PRATIMA PAINKRAvsSTATE OF CHHATTISGARH
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