Chhattisgarh High Court

Writ Appeal Dismissed as Claim for Parity Under 2017 Circular Lacked Demonstrated Factual Similarity

KULESHWAR DEWANGAN vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: April 28, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

Eight appellants, currently serving as Head Masters in Government Primary Schools in District Bemetara, filed a writ appeal challenging the order dated 24.11.2025 passed by a learned Single Judge in WPS No. 10694 of 2025

Source reference: p. 3, para 3

The Single Judge had dismissed their writ petition concerning certain service benefits

Source reference: p. 3

The appellants also filed I.A. No. 01 seeking condonation of a 69-day delay in filing the appeal

Source reference: p. 2, para 1

Both parties conceded that the legal issue and factual matrix are identical to a previously decided matter

Source reference: p. 3, para 4
02

Issues

1. Whether the delay of 69 days in filing the writ appeal should be condoned based on the reasons provided in I.A. No. 01

Source reference: p. 2-3, para 2

2. Whether the appellants are entitled to the relief claimed under the Circular dated 10.03.2017, and if they are similarly situated to the petitioners in Pushpalata Manikpuri & Others v. State of Chhattisgarh (WA No. 193 of 2026)

Source reference: p. 3-4, para 4-5
03

Law Applied

The Court applied the principle of stare decisis and judicial consistency by following its own precedent in Pushpalata Manikpuri & Others v. State of Chhattisgarh & Others (WA No. 193 of 2026), decided on 13.03.2026

Source reference: p. 3

That precedent established that interference in an intra-court appeal is only warranted in cases of palpable infirmity and that claimants under the Circular dated 10.03.2017 must demonstrate they are similarly situated to the successful petitioner in Smt. Sona Sahu v. State of Chhattisgarh (WA No. 261/2023) to succeed

Source reference: p. 4, para 34
04

Reasoning

The Court first addressed the procedural delay, finding that the appellants showed "sufficient cause" and condoned the 69-day lapse

Source reference: p. 2-3, para 2

On the merits, the bench observed that the learned Single Judge had dismissed the original petition with "cogent and justifiable reasons"

Source reference: p. 3, para 4

Since the counsel for both the appellants and the State submitted that the facts and issues were identical to those in WA No. 193 of 2026, the Court held that the appellants failed to demonstrate they were similarly situated to the beneficiaries of previous favorable rulings

Source reference: p. 4, para 34

Applying the reasoning from the Pushpalata Manikpuri judgment, the Court concluded that the claim under the 10.03.2017 Circular was misconceived

Source reference: p. 4
05

Holding

The Court allowed I.A. No. 01, condoning the delay of 69 days

Dismissed the writ appeal on its merits, holding that the issue was squarely covered by the judgment in WA No. 193 of 2026

Source reference: p. 4, para 6

The Court affirmed the Single Judge's order, concluding the appeal was devoid of merit

Source reference: p. 4, para 34 of cited judgment
Chhattisgarh High Court

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KULESHWAR DEWANGANvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · April 28, 2026

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