Facts
The appellants were originally appointed as Shiksha Karmis (Grade-II and III) under the Panchayat Department between 2008 and 2013
Source reference: p. 6, para. 18Per a state policy dated 30.06.2018, their services were absorbed into the School Education Department as Lecturers (L.B.)
Source reference: p. 6-7, para. 21The appellants filed a writ petition seeking the benefit of Kramonnati Vetanman (time-bound pay scale) based on a Government Circular dated 10.03.2017, which grants such benefits after 10 and 20 years of service
Source reference: p. 4-5, para. 4The learned Single Judge dismissed their petition (WPS No. 8881 of 2025) on 24.11.2025
Source reference: p. 3, para. 3The appellants challenged this dismissal via the present writ appeal.
Source reference: no citationIssues
1. Whether the delay of 48 days in filing the writ appeal should be condoned.
Source reference: p. 3-4, para. 1-22. Whether employees absorbed from the Panchayat Department into the School Education Department are entitled to time-bound pay scales under the Circular dated 10.03.2017 by counting their previous service.
Source reference: p. 4, para. 4 / p. 10, para. 29Law Applied
The court primarily applied the State Government Circular dated 10.03.2017, which mandates time-bound pay scales for regular Assistant Teachers of the School Education Department after 10/20 years of service
Source reference: p. 5, para. 17Chhattisgarh Panchayat Shiksha Karmi (Recruitment and Conditions of Service) Rules, 2007 and the absorption order dated 30.06.2018, specifically Clauses 4 and 5, which stipulate that seniority and benefits for absorbed employees shall be calculated only from the date of absorption (01.07.2018) and no arrears shall be paid for the prior period
Source reference: p. 7, para. 22; p. 9, para. 26The court further followed the precedent set in Writ Appeal No. 191/2026
Source reference: p. 4, para. 4Reasoning
The Court first condoned the 48-day delay, finding sufficient cause
Source reference: p. 4, para. 2On merits, the Court reasoned that the 2017 Circular applies exclusively to regular Government servants and not to the Panchayat Cadre
Source reference: p. 6, para. 20Since the appellants were employees of the Panchayat Department until their absorption in 2018, they did not hold the status of "Government Servants" during the period for which they claimed the benefit
Source reference: p. 6-7, para. 21-22The Court distinguished the case 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 absorbed teachers to bypass the specific restrictions in the 2018 absorption policy
Source reference: p. 8-9, para. 24-25The Court emphasized that under the absorption order, service benefits are only prospective from 01.07.2018
Source reference: p. 9, para. 26Holding
The Court dismissed the appeal, holding that the appellants are not entitled to the benefits of the 10.03.2017 Circular as their past service in the Panchayat Department cannot be equated with regular School Education Department service for this purpose
The delay in filing was condoned via I.A. No. 01, but the merits of the appeal were rejected in line with the judgment in WA No. 191/2026
Source reference: p. 11-12, para. 5-6Original Court PDF
VIVEK DHURWEYvsSTATE OF CHHATTISGARH
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