Tulsi Kumar Vs State of Chhattisgarh

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1

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2026:CGHC:12596-DB

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Digitally signed ALOK by ALOKSHARMA SHARMA Date: 2026.03.18 17:42:21 +0530

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WA No. 229 of 2026

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1 - Tulsi Kumar S/o Ramdin Aged About 42 Years Presently Posted As Teacher At Govt. Middle School Madhla, Block -Sonhat, District- Korea, (C.G.)

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2 - Ajay Kumar Singh S/o Hol Sai Aged About 37 Years Presently Posted As Teacher At Govt. Middle School Baser, Block -Sonhat, District- Korea, (C.G.)

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3 - Laxmi Singh W/o Suresh Kumar Singh Aged About 38 Years Presently Posted As Assistant Teacher At Govt. Primary School Bhaiswar, Block Sonhat, District Korea (C.G.)

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4 - Anju Xaxa W/o Sudhir Tirkey Aged About 38 Years Presently Posted As Assistant Teacher At Govt. Primary School Amra, Block Sonhat, District Korea (C.G.)

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5 - Kamlesh Chandra Marick S/o Naresh Chandra Marick Aged About 48 Years Presently Posted As Assistant Teacher At Govt. Primary School Lolki, Block Sonhat, District Korea (C.G.)

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6 - Indra Kunwar Singh S/o Pawan Singh Aged About 40 Years Presently Posted Assistant Teacher At Govt. Primary School Lalmatiya (Bhaiswar) Block Sonhat, District Korea (C.G.)

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7 - Leelawati W/o Bhawa Singh Aged About 39 Years Presently Posted Assistant Teacher At Govt. Primary School Chakdand, Block Sonhat, District Korea (C.G.)

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8 - Divya D/o Bakul Sai Aged About 31 Years Presently Posted

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2

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Assistant Teacher At Govt. Primary School Parsabhari, Block Sonhat, District Korea (C.G.)

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9 - Raju Kumar S/o Gore Lal Aged About 41 Years Presently Posted Assistant Teacher At Govt. Primary School Kachdhar, Block Sonhat, District Korea (C.G.)

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10 - Usha Jaiswal W/o Umesh Kumar Jaiswal Aged About 42 Years Presently Posted Assistant Teacher At Govt. Primary School Madhla, Block Sonhat, District Korea (C.G.)

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11 - Basanti Rajwade W/o Surendra Kumar Aged About 40 Years Presently Posted Assistant Teacher At Govt. Higher Secondary School Ghughra, Block Sonhat, District Korea (C.G.)

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12 - Sanjay Kumar Bharti S/o Vishwanath Bharti Aged About 38 Years Presently Posted Head Master At Govt. Primary School Kachhadi, Block Sonhat, District Korea (C.G.)

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13 - Vikas Kumar Singh S/o Anil Kumar Singh Aged About 36 Years Presently Posted Assistant Teacher At Govt. Primary School Baswahi, Block Sonhat, District Korea (C.G.)

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14 - Vindhesh Kumar S/o Sunder Sai Aged About 41 Years Presently Posted Assistant Teacher At Govt. Primary School Kishori, Block Sonhat, District Korea (C.G.)

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15 - Vijay Kumar Sonpakar S/o Balam Ram Sonpakar Aged About 45 Years Presently Posted As Assistant Teacher At Govt. Primary School Usnapara, Block Sonhat, District Korea (C.G.)

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16 - Suresh Kumar Sahu S/o Ramkaran Sahu Aged About 43 Years Presently Posted Assistant Teacher At Govt. Primary School Baser, Block Sonhat, District Korea (C.G.)

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17 - Belesh Toppo S/o Mahesh Ram Aged About 43 Years Presently Posted Assistant Teacher At Govt. Primary School Biraoridad, Block Sonhat, District Korea (C.G.)

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18 - Usha W/o Belesh Toppo Aged About 41 Years Presently Posted Assistant Teacher At Govt. Primary School Piparkarcha, Block Sonhat, District Korea (C.G.)

... Appellant(s)

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versus

1 - State Of Chhattisgarh Through Its Secretary, School Education Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, DistrictRaipur, (C.G.)

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2 - State Of Chhattisgarh Through Its Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.)

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3 - Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, Naya Raipur, District- Raipur (C.G.)

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4 - Commissioner Cum Director Directorate Of Panchayat Atal Nagar, Naya Raipur, District- Raipur (C.G.)

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5 - District Education Officer District - Korea, Chhattisgarh.

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6 - Chief Executive Officer Zila Panchayat, Korea, District - Korea, Chhattisgarh.

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7 - Chief Executive Officer Janpad Panchayat, Sonhat, District - Korea, Chhattisgarh.

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8 - Block Education Officer Block - Sonhat, District - Korea, Chhattisgarh.

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... Respondent(s)

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For Appellant(s) : Mr. Shiv Sewak Manjhi, Advocate. For Respondent(s) : Mr. Prasun Kumar Bhaduri, Dy. Advocate General.

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Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Judgment on Board

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Per Ramesh Sinha, Chief Justice

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17/03/2026

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1 Heard Mr. Shiv Sewak Manjhi, learned counsel for the appellants

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as well as Mr. Prasun Kumar Bhaduri, learned Deputy Advocate

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4

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General, appearing for the Respondent/State on I.A. No.01, which is an application for condonation of delay of 38 days in preferring the present appeal.

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2 On due consideration the grounds assigned in the application (I.A. No.01), the same is allowed. Delay of 38 days in preferring the present writ appeal is hereby condoned.

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3 The present writ appeal is directed against the order dated 24.11.2025 passed by learned Single Judge of this Court in WPS No.13264/2025, whereby the writ petition filed by petitioners was dismissed.

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4 Learned counsel appearing for the parties submit that the issue involved in this writ appeal has already been considered and decided by this Court vide judgment dated 13.03.2026 in Writ Appeal No.191/2026, whereby this Court has held as under:-

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“10. This Court while dismissing the writ appeal filed by writ appellants has observed as under:-

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“The entire controversy revolved around the Circular dated 10.03.2017 issued by the State Government with respect to the grant of Kramonnati Vetanman to the Assistant Teachers. It is necessary to notice here the circular dated 10.03.2017, which reads as under:

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छቈ䢍�सगढ∼श㘾�सन स�म⸾�न⡍य्䵚 श㘾�सनव㔿�भⴾ�ग म⸾�ቔ咋�लय म⸾ह㤾�नद♀�भⴾ�न, नय�र〾�य्䵚 म⸾��कएफ 10-1/2008/1-3 नय�र〾�यप⩁�र〾द☿द♀न��क 10/03/2017 व㔿�,

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5

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श㘾�सनक सम⸾स㡍�व㔿�भⴾ�ग,

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अध❍य्䵌 , छቈ䢍�सगढ∼र〾�जस㡍�म⸾ण⍍डल, व㔿(ल�सप⩁�र〾

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सम⸾स㡍�व㔿�भⴾ�ग�ध❍य्䵌 ,

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सम⸾स㡍�स�भⴾ�ग�य�कᕍ�

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सम⸾स㡍�कल कᕍटस+, छቈ䢍�सगढ∼

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व㔿�षय :- सह㤾�यकश㘿श㘾्䵌क. क/ कम⸾/्䵐व㔿�� नम⸾�न्䵚 द♀�यव㔿कए ज�न (�(�1। स�द♀भⴾ+ :- इस व㔿�भⴾ�ग क� सम⸾स�खᙍयक प⩁र〿र〾प⩁ቔ咋 द☿द♀न��क 24.04.2006.

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-00-

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इसव㔿�भⴾ�गक स�द♀ቝ嶌भⴾ7�प⩁र〿र〾प⩁ቔ咋ቛ宋�र〾�श㘿श㘾्䵌कस � ग+ म⸾9 सह㤾�यकश㘿श㘾्䵌क, श㘿श㘾्䵌क�थ┾�ቤ撋�खᙍय��क/ स�म⸾�न⡍य्䵚 श㘾�सन व㔿�भⴾ�गक प⩁र〿र〾प⩁ቔ咋कम⸾��कएफ 1-1/1/� आ्䵚 /99, द☿द♀न��क 17.03.1999/19.04.1999 म⸾9 व㔿नव㔿ह㤾�श㘾�= क अध❍यध❀�न थ┾नकम⸾/्䵐व㔿� 12 �ष+ (�द♀�थ┾�व㔿ቛ宋��य्䵅 म⸾/्䵐व㔿� 24 �ष+ (�द♀्䵚 द♀�नव㔿कय�गय�ह㤾?।व㔿�ቈ䢍व㔿�भⴾ�गक ሺ㪋�प⩁नकम⸾��क 216/स�-2802/10/व㔿�ቈ䢍/व㔿नयम⸾/ध❀�र〾, द☿द♀न��क 04.08.2010 (व㔿�ቈ䢍व㔿नद♀Aश㘾 32/2010) ቛ宋�र〾�्䵅 म⸾/्䵐व㔿�य/जन�क/ स�श㘾/ध✿ध❀� कर〾श㘿श㘾्䵌क�थ┾�ቤ撋�खᙍय��स � ग+ क/्䵚 थ┾म⸾उ्䴴 �र〾सम⸾यम⸾�न � �नम⸾�न 10 �ष+ (�द♀ए��व㔿ቛ宋��यउ्䴴 �र〾सम⸾यम⸾�न� �नम⸾�न 20 �ष+ (�द♀द♀ न क�व㔿न्䵓+यश㘿लय�गय�ह㤾?। 2/अ�ए�उप⩁र〾/कᕍ�व㔿न्䵓+यक प⩁र〿र〾्䵚 ቌ䲚यम⸾9 र〾�जᱍयश㘾�सनቛ宋�र〾� व㔿न्䵓+यश㘿लय�गय�ह㤾? व㔿कइसव㔿�भⴾ�गक स�द♀ቝ嶌भⴾ7�प⩁र〿र〾प⩁ቔ咋द☿द♀न��क 24.04.2006 कH क�व㔿डक�-2 म⸾9 "सह㤾�यकश㘿श㘾्䵌क" क/्䵚 थ┾म⸾ कम⸾/्䵐व㔿� 10 �ष+ (�द♀ए��व㔿ቛ宋��य्䵅 म⸾/्䵐व㔿� 20 �ष+ (�द♀ द♀�नकH ज�ए।

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3/उप⩁र〾/कᕍ�व㔿न्䵓+यक स�(�ध❀म⸾9 यह㤾्䵢्䵖 व㔿कय�ज��ह㤾? व㔿क कम⸾/्䵐व㔿�कH द♀ य��व㔿�श㘿थ┾क अन�स�र〾क �लक�ल㉍प⩁व㔿नक� �न व㔿नध❀�+र〾्䵓 व㔿कय�ज�एग�ए��व㔿कस�्䵚 क�र〾क एर〿र〾यस+ द♀ यनह㤾L ह㤾.ग । 4/यह㤾आद♀ श㘾व㔿�ቈ䢍व㔿�भⴾ�गक कቘ墚यNटर〾कम⸾��कएफ-201701-01093 द☿द♀न��क 09.02.2017 ቛ宋�र〾�द♀�गईसह㤾म⸾व㔿�क आध❀�र〾प⩁र〾ज�र〾�व㔿कय�गय�ह㤾?। छቈ䢍�सगढ∼क र〾�जᱍयप⩁�लक न�म⸾स

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�थ┾�आद♀ श㘾�न�स�र〾,

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(एम⸾.आर〾.ठ⁋/कN र〾) अ�र〾सश㘿Q�, छቈ䢍�सगढ∼श㘾�सन स�म⸾�न⡍य्䵚 श㘾�सनव㔿�भⴾ�ग 17. From perusal of the contents of the circular dated 10.03.2017, it is quite vivid that the Assistant Teachers, who were in Government service, are to be granted first Kramonnati Vetanman after 10 years of their

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service and second Kromonnati Vetanman after 20 years of their service, and the teachers and lecturers are to be granted first time-bound pay scale after 10 years of service and second time-bound pay scale after 20 years of service.

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18. From Para-8.8 of the writ petition, undisputedly the petitioners have been appointed to the post of Shiksha Karmi GradeIII/Grade-II between the period of 2008 and 2013. It is also relevant to notice here paragraph 8.8 of the writ petition, which reads as follows:

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“8.8 Between 2008-2013, the Chief Executive Officer of Janpad Panchayat appointed the Petitioners in the post of Assistant Teacher Shikshakarmi Grade3/Teacher- Shikshakarmi Grade 2. After completion of 2 years from the date of joining, the Petitionerswho were appointed as Assistant Teachers were Regularization by the Chief Executive Officer of Janpad Panchayat and Teachers were Regularization by the Chief Executive Officer of Zila

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Panchayat.”

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19. When the petitioners in the present writ petition were appointed between 2008 and 2013, they had not completed 10 years of their service on the date when the Circular dated 10.03.2017 was issued.

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20. From a bare perusal of the Circular dated 10.03.2017, it is abundantly clear that the said circular does not deal with or extend benefits to the Teachers belonging to the Panchayat Cadre, including Shiksha Karmi. The circular specifically provides for the grant of first-timebound pay scale and second-time-bound pay scale to regular Government employees, in accordance with the earlier circulars issued by the State Government dated 17.03.1999 and 19.04.1999.

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21. In the present case, the petitioners were working as Shiksha Karmi under the Panchayat Department, and it is an undisputed position that Shiksha Karmi were not employees of the State Government until their absorption into the School Education Department pursuant to the policy decision of the State Government dated 30.06.2018. Before such absorption, their appointment, service conditions, and other benefits were governed by the statutory framework applicable to Panchayat employees, and not by the rules or circulars applicable to State Government employees.

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22. Therefore, since the petitioners were admittedly the employees of the Panchayat Department before the absorption policy came into force, they cannot claim the status of a Government Servant for the purpose of seeking the benefit of time-bound pay scale or Kramonnati Vetanman under the Circular dated 10.03.2017. Their service conditions were governed by the Chhattisgarh Panchayat Shiksha Karmi (Recruitment and Conditions of Service) Rules, 2007, the Rules of 2012, or any other rules framed under Section 95 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993, which regulate the service conditions of Panchayat employees.

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23. Thus, in view of the clear distinction between State Government employees and Panchayat cadre employees, the petitioners cannot derive any benefit from the Circular dated 10.03.2017 or the earlier circulars dated 17.03.1999/19.04.1999, as those circulars apply solely to Government servants of the State, and not to employees appointed under the Panchayat department.

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24. The distinguishable feature of the case of Smt. Sona Sahu (Writ Appeal No. 261/2023) are that she was appointed to the post of Assistant Teacher vide order dated 29.07.2005

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and was posted at Government Primary School, Narayanpur. On 01.07.2011, the State Government, Department of Finance and Planning issued a Circular regarding Kramonnati Vetanman to the employees. The Department of Panchayat and Rural Department, Chhattisgarh, Raipur, also issued a Circular dated 02.11.2011 regarding Kramonnati Vetanman after completion of 10 years of service. On 17.05.2013, the department of Panchayat and Rural Development, Chhattisgarh, Raipur issued another circular with respect to the equalisation of pay scale between Government Teachers and Teacher Panchayat after completion of 08 years of their services. Further, vide circular dated 14.11.2014, the earlier circular dated 02.11.2011 was cancelled with effect from 01.05.2013. The petitioner was granted the benefit of Kramonnati Vetanman vide order dated 15.01.2020, but the said order was cancelled vide order dated 29.02.2020 on the ground that the Circular dated 02.11.2011 has already been cancelled with effect from 01.05.2013 vide order dated 14.11.2014, and since the petitioner, who has not completed 10 years of her service in the cadre, was not entitled to Kramonnati Vetanman. While passing the order dated 15.01.2020, the authorities had considered the circulars dated 07.03.2019, 06.04.2019, and granted Kramonnati Vetanman to Sona Sahu with effect from 01.08.2015 and thereafter the concerned authority sou motu re-considered the order dated 15.01.2020 and passed the order on 29.02.2020, by which the benefit granted to Smt. Sona Sahu was cancelled. While considering the matter, the concerned authority had not consider the circular dated 10.03.2017 and 07.03.2019. In the peculiar facts of the case of Smt. Sona Sahu (Writ Appeal No. 261/2023) was granted the benefit of Kramonnati Vetanman, vide order dated

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28.02.2024, passed in Writ Appeal No. 261/2023. The challenge of the order dated 28.02.2024 passed in Writ Appeal No. 261/2023, and Review Petition No. 147/2024 is dismissed by the Hon’ble Supreme Court vide order dated 17.03.2025, passed in SLP (C) Diary No. 58525/2024, by observing that in the peculiar facts of the case of Smt. Sona Sahu, no interference is called for, and accordingly, the SLP(C) was dismissed by the Hon’ble Supreme Court.

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25. In the present case, the petitioners are appointed to the post of Shiksha Karmi by the Panchayat Department. They were not government employees till 2018, when their services were absorbed by the school education department. Therefore, they cannot claim parity and benefit at par as has been granted to Smt. Sona Sahu (Writ Appeal No. 261/2023).

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26. Further, Clauses 4 and 5 of the absorption order dated 30.06.2018 clearly restrict the grant of any benefit to the employees of the Panchayat Department whose services have been absorbed with the school education department for the benefit of arrears prior to 01.07.2018. Clauses 4 and 5 of the absorption order dated read as under:

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“4/ श㘿�्䵌क (एल.बⱀ�.) स㠂�व्䵇�क�द♇�यस㠂मस㡍तल�भक� ल㈿लय�स㠂�व�क�्䵇 णन⠾�स㠂�व㔿वल㈿लयन⠾द☿द♇न⠾��क 01 ज᱁�ल�ई 2018 स㠂�क�ज᱁�य�्䵇�।

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5/ द☿द♇न⠾��क 01 ज᱁�ल�ई 2018 क�प⩂#व�क�अवल㈿% क� ल㈿लय�व㔿कस㠂�भ�्䵚 क�रक�एर〿रयस㠂�क�प⩂�्䵔त�न⠾ी䀻+ ी䀻�्䵇�।"

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27. On 06.04.2019, the State Government School Education Department issued another Circular with respect to the further proceedings under the Rules of 2019, in which it has been provided that:

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"इस㠂व㔿वभ�्䵇 ቛ宋�र�ज᱁�र�स㠂�व㔿वल㈿लयन⠾व㔿न⠾द♇.�कम��क एकद☿द♇न⠾��क 30.06.2018 क�क�व㔿/क� 5 म0

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उल㉍ल�खᘿ6त ी䀻7, व㔿कद☿द♇न⠾��क 01.07.2018 क�प⩂#व�क� अवल㈿% क�ल㈿लएव㔿कस㠂�भ�्䵚 क�रक�एर〿रयस㠂�क� प⩂�्䵔त�न⠾ी䀻�ी䀻�्䵇�अቕ喋��तप⩂#व�क� एर〿रयस㠂�स㡍क# ल श㘿�्䵌�व㔿वभ�्䵇 ቛ宋�र�द♇�यन⠾ी䀻+ ी䀻9्䵇�।प⩂#व�म0 श㘿�्䵌क (प⩂�चᨾ�यत/न⠾्䵇र�यव㔿न⠾क�य) स㠂�व्䵇�क�कम�चᨾ�र�, ज᱁� वत�म�न⠾म0 श㘿�्䵌कएल.बⱀ�. स㠂�व्䵇�क�रあप⩂म0 क�य�रत ी䀻<, क�स㠂�व㔿वल㈿लयन⠾प⩂#व�क�अवल㈿% क�ल�व㔿बⱀतस㡍वत⑍व9 क�भ�्䵇त�न⠾प⩂�्䵔त�न⠾�स㠂�रस㠂�बⱀ�ल㈿%तव㔿वभ�्䵇 ቛ宋�र�ी䀻� व㔿कय�ज᱁�य�्䵇�।"

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28. The present writ appeal has been filed by the appellants/petitioners seeking the benefit of Kramonnati under the Circular dated 10.03.2017, claiming parity with the case of Smt. Sona Sahu (Writ Appeal No. 261/2023). The petitioners were initially appointed as Shiksha Karmi under the Panchayat Department between 2008 and 2013, and their services were regularized by the order passed by the Chief Executive Officer of the respective Janpad and Zila Panchayats. They continued to serve under the Panchayat department till 2018, when they were absorbed into the School Education Department pursuant to the State Government policy dated 30.06.2018. Their service prior to absorption was governed by the Chhattisgarh Panchayat Shiksha Karmi Rules, 2007, and subsequent rules framed under the Panchayat Raj Adhiniyam, 1993.

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29. The Circular dated 10.03.2017, on which the petitioners rely, specifically applies to Assistant Teachers under the School Education Department who have completed 10 years of service. In contrast, the petitioners’ service as Shiksha Karmi under the Panchayat department cannot be treated as equivalent to service under the School Education Department. The factual distinction is material, and the principles of parity require that employees claiming equal treatment must be similarly situated in all material aspects, which is not the case here.

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30. This has consistently held in WP(S) No. 208/2012, WP(S) No. 2530/2017, WP(S) No. 10335/2019, WP(S) No. 1021/2021, and WP(S) No. 3369/2021 that the services of the Shiksha Karmi governed by Panchayat rules are not entitled to pay scales or other benefits applicable to teachers of the School Education Department. The learned Single Judge rightly distinguished the case of Smt. Sona Sahu (Writ Appeal No. 261/2023), after independently examining the entitlement of the petitioners, concluded that the Circular dated 10.03.2017 does not apply to their service.

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31. The learned Single Judge after adverting and considering the entire facts and circumstances of the case, elaborately considered various judgments passed by Hon’ble Supreme Court in the case of Rohan Vijay Nahar and Others v. The State of Maharashtra and Others 2025 INSC 1296, State of Punjab and Others vs. Jagjit Singh and Others, 2017 (1) SCC 148 , Khoday Distiliaries Limited (Now known as Khoday India Limited) and Others vs. Shree Mahadeshwara Shahkara Sakkare Karkhane Limited Kollegal 2019 (4) SCC 376 and Ravi Prakash Sahu vs. State of Chhattisgarh order dated 08-09-2025 passed learned Single Judge of this Court in WPS No. 10335/2019, decided the writ petition filed by the writ appellants/petitioners in which, we do not find perversity or infirmity. The consideration of the learned Single Judge in the impugned order is well merited based on a proper appreciation of the facts and law applicable to the case.

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32. Upon perusing the impugned order, we notice that the same has been rendered by the learned Single Judge with cogent and justifiable reasons. In an intra-court appeal, no interference is usually warranted unless palpable infirmities are noticed. Learned Single Judge while dismissing the writ petition by the impugned order has adverted to all the facts of

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the case. We do not find any fault in the impugned order.”

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They further submitted that since the facts and issue involved in the present case is identical to that of Writ Appeal No.191/2026 , this appeal may also dismissed in the same terms.

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5 Having considered the rival submissions made by learned counsel for the parties and having gone through the materials on record, it is evident that the facts and issue involved in this appeal is identical to Writ Appeal No.191/2026 , this Court deems it appropriate not to take a view other than what has been taken in Writ Appeal No.191/2026 .

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6 Accordingly, the present appeal is dismissed in terms of the order dated 13.03.2026 passed by this Court in Writ Appeal No.191/2026 .

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Sd/- Sd/-

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(Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice

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Alok

Tulsi Kumar v. State of Chhattisgarh

Case brief

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Tulsi Kumar v. State of Chhattisgarh

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