Reinstatement warrants continuity of service and seniority from initial appointment date despite denial of back wages.

The Appellants (State of Chhattisgarh) challenged the order dated 10.12.2025 passed by a Single Judge in WPS No. 11584/2025

The Single Judge had allowed the writ petition filed by Respondent No. 1, a Peon in the Municipal Corporation, Bilaspur, seeking reinstatement

The State filed this appeal with a 17-day delay, which was condoned by the Division Bench

During the proceedings, both parties submitted that the legal and factual matrix of this case was identical to Writ Appeal No. 184/2026, which was decided by the same High Court on 25.02.2026

1. Whether the Single Judge’s order directing the reinstatement of the respondent with seniority but without back wages was legally sustainable

2. Whether the present appeal is squarely covered by the Court’s prior judgment in Writ Appeal No. 184/2026

doctrine of judicial consistency and the principle of stare decisis regarding service matters of similarly situated employees.

precedent in Writ Appeal No. 184/2026

Jaichand Sarthi v. State of Chhattisgarh (WPS No. 12389 of 2025), which established that while employees may be reinstated with continuity of service for seniority purposes, they are not automatically entitled to back wages upon such reinstatement.

The Division Bench analyzed the case in light of the consensus between the parties that the issues were identical to those already adjudicated in Writ Appeal No. 184/2026

In that precedent, the Court had affirmed a Single Judge’s order quashing termination orders and directing reinstatement

The Court reasoned that since the facts and issues in the present appeal were indistinguishable from the previous matter, there was no ground to deviate from the established view

The Bench found no illegality or irregularity in the Single Judge’s decision to allow the writ petition, as the relief granted (reinstatement and seniority without back wages) aligned with the Court’s existing interpretation of the law in similar service disputes

Respondent No. 1 is entitled to be reinstated to the post of Peon with seniority reckoned from the initial date of appointment without any break in service, but clarified that the respondent is not entitled to back wages

The appeal was dismissed in terms of the order passed in Writ Appeal No. 184/2026