Facts
The appellants were appointed as Shiksha Karmis (Assistant Teachers) under the Panchayat Department between 2008 and 2013
Source reference: p. 5-6, para. 18Following a policy decision dated 30.06.2018, their services were absorbed into the State’s School Education Department
Source reference: p. 7, para. 21The appellants filed a writ petition seeking the benefit of Kramonnati Vetanman (time-bound pay scale) under a State Government Circular dated 10.03.2017, claiming that their prior service in the Panchayat cadre should be counted toward the 10-year eligibility period
Source reference: p. 3-4The learned Single Judge dismissed the petition on 08.12.2025, leading to this intra-court appeal
Source reference: p. 3, para. 3Issues
1. Whether teachers originally appointed under the Panchayat Department can claim the benefit of time-bound pay scales under Circular dated 10.03.2017 meant for regular Government servants for the period prior to their absorption
Source reference: p. 7-8, para. 23-252. Whether the appellants are entitled to parity with the case of Smt. Sona Sahu (WA No. 261/2023) regarding the grant of Kramonnati Vetanman
Source reference: p. 8-9, para. 24-25Law Applied
The Court relied on the State Government Circular dated 10.03.2017, which provides Kramonnati Vetanman specifically to Assistant Teachers in government service after 10 and 20 years
Source reference: p. 5, para. 17It applied the Chhattisgarh Panchayat Shiksha Karmi (Recruitment and Conditions of Service) Rules, 2007 and 2012, which distinguish Panchayat employees from State Government servants
Source reference: p. 7, para. 22The Court further applied the exclusionary Clauses 4 and 5 of the Absorption Order dated 30.06.2018, which stipulate that seniority and benefits for absorbed teachers commence from 01.07.2018 and no arrears shall be paid for the prior period
Source reference: p. 9-10, para. 26Finally, it followed the precedent set in Writ Appeal No. 191/2026
Source reference: p. 4, para. 4Reasoning
The Court reasoned that the appellants were not employees of the State Government until their absorption on 01.07.2018; prior to this, they were governed by Panchayat-specific statutes, not State service rules
Source reference: p. 7, para. 21-22Consequently, the Circular dated 10.03.2017, which applies exclusively to regular government servants, does not extend to the Panchayat cadre
Source reference: p. 6, para. 20The Court distinguished the precedent of Sona Sahu, noting it was decided based on its unique "peculiar facts" and specific earlier circulars that did not apply to these appellants
Source reference: p. 8-9, para. 24-25Furthermore, the Court noted that the terms of absorption expressly prohibit the claiming of arrears or benefits for the period spent in the Panchayat cadre prior to 01.07.2018
Source reference: p. 10, para. 26-27Holding
The High Court dismissed the appeal, holding that the appellants cannot claim the status of government servants for the period prior to their absorption and are thus ineligible for benefits under the 2017 Circular
The Court affirmed the Single Judge's order, finding no perversity or infirmity
Source reference: p. 12, para. 31-32The delay of 33 days in filing the appeal was condoned
Source reference: p. 3, para. 2Final orders were passed in terms of the judgment in Writ Appeal No. 191/2026
Source reference: p. 13, para. 6Original Court PDF
BALRAM SINGH PAIKARAvsSTATE OF CHHATTISGARH
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