Chhattisgarh High Court

Reinstatement ordered without back wages but with continuity of seniority from initial date of appointment.

State of Chhattisgarh & Ors. v. Mohd. Yunus Khan & Anr. [2026:CGHC:10661-DB]

Chhattisgarh High Court2 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The State of Chhattisgarh (Appellants) challenged an order dated 10.12.2025 passed by a learned Single Judge in WPS No. 11883 of 2025

Source reference: p. 2

The Single Judge had allowed the writ petition filed by Mohd. Yunus Khan (Respondent No. 1), who was working as a Peon in the Municipal Corporation, Bilaspur, quashing the impugned orders against him and directing his reinstatement

Source reference: p. 1-3

The Appellants filed the present intra-court appeal with a 17-day delay, supported by an application for condonation of delay (I.A. No. 1 of 2026)

Source reference: p. 2
02

Issues

Whether the delay of 17 days in filing the writ appeal should be condoned.

Source reference: p. 2, para 1-2

Whether the learned Single Judge's order directing reinstatement of the respondent without back wages, but with seniority, was legally sustainable in light of previous division bench precedents.

Source reference: p. 2-4, para 4-5
03

Law Applied

The Court applied the doctrine of *stare decisis* and the principle of parity in judicial adjudication.

Source reference: no citation

It specifically relied on the precedent set by the same Division Bench in `WA No. 184 of 2026 (State of Chhattisgarh & Another vs. Smt. Neeta Thakur & Another)` decided on 25.02.2026

Source reference: p. 2-3

That precedent established that where a Single Judge quashes termination orders and directs reinstatement without back wages but with continuity of service (seniority), such orders do not suffer from illegality or irregularity warranting interference under intra-court appellate jurisdiction

Source reference: p. 4, para 11
04

Reasoning

The Court first addressed the procedural delay and, upon "due consideration," condoned the 17-day lapse

Source reference: p. 2, para 2

Regarding the merits, the Court noted that both the State and the Respondents conceded that the facts and legal issues in this matter were "identical" to a previously decided case, `WA No. 184 of 2026`

Source reference: p. 2, para 4

In the referenced case, the Court had upheld a Single Judge’s order that quashed termination based on the precedent of `Jaichand Sarthi (WPS No. 12389 of 2025)`

Source reference: p. 3, para 4

The Court observed that since the issues regarding the reinstatement of a Peon with seniority benefits (but no back wages) were resolved in the earlier identical appeal, there was no reason to deviate from that view

Source reference: p. 4, para 5
05

Holding

The Court allowed the application for condonation of delay

On the merits, the Court held that the appeal was devoid of merit as the issues were squarely covered by the decision in `WA No. 184 of 2026`

Source reference: p. 4, para 6

The appeal was dismissed, affirming the Single Judge’s order directing the reinstatement of Mohd. Yunus Khan as a Peon with seniority reckoned from his initial date of appointment, but without back wages

Source reference: p. 3-4
Chhattisgarh High Court

Original Court PDF

State of Chhattisgarh & Ors. v. Mohd. Yunus Khan & Anr. [2026:CGHC:10661-DB]

Chhattisgarh High Court

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment