Ram Gopal Tiwari Vs State of Chhattisgarh — Chhattisgarh HC (2026) — LawSathi Research

Ram Gopal Tiwari Vs State of Chhattisgarh — Chhattisgarh HC (2026) — LawSathi Research

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2026:CGHC:7527

NAFR

HIFZURRAHMAN ANSARI

Digitally signed by HIFZURRAHMAN ANSARI

HIGH COURT OF CHHATTISGARH AT BILASPUR

Date: 2026.02.11 17:00:36 +0530

WPS No. 2872 of 2021

1 - Eugene Kennedy Anthony S/o Shri Late Rock Anthony Aged About 54 Years Working As Assistant Teacher And Posted At Bharat Mata Primary School Bilaaspur, District Bilaspur (Chhattisgarh), District : Bilaspur, Chhattisgarh

--- Petitioner(s)

versus

1 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya Atal Nagar, New Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

2 - Director Directorate Of Chhattisgarh, Public Instruction, Indravati Bhawan, Second Floor, Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

3 - District Education Officer Bilaspur, District Bilaspur (Chhattisgarh), District : Bilaspur, Chhattisgarh

4 - Principal Bharat Mata (M.H.) Higher Secondary School Bilaspur, District Bilaspur (Chhattisgarh), District : Bilaspur, Chhattisgarh

--- Respondent(s)

WPS No. 2959 of 2021

1 - P. Chinna Rao S/o Shri P Marianna Aged About 58 Years Working As Udt And Posted At Bharat Mata (Mh) Higher Secondary School Bilaspur District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh

--- Petitioner(s)

Versus

1 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya Atal Nagar, New Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2 - Director, Directorate Of Chhattisgarh Public Instruction, Indravati Bhawan, Second Floor, Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

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3 - District Education Officer, Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

4 - Principal, Bharat Mata (Mh) Higher Secondary School Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

--- Respondent(s)

WPS No. 2940 of 2021

1 - Pankaj Mishra S/o Late Shri Vinod Kumar Mishra Aged About 54 Years Working As Udt And Posted At Bharat Mata (Mh) Higher Secondary School Bilaspur District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

--- Petitioner(s)

Versus

1 - State Of Chhattisgarh Through Secretary, Department Of School Education Mahanadi Bhawan, Mantralaya Atal Nagar, New Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2 - Director Directorate Of Chhattisgarh Public Instruction, Indravati Bhawan, Second Floor, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3 - District Education Officer Bilaspur District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

4 - Principal Bharat Mata (Mh) Higher Secondary School Bilaspur District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

--- Respondent(s)

WPS No. 3374 of 2021

1 - Ram Gopal Tiwari S/o Shri Kinnar Prasad Tiwari Aged About 64 Years U.D.T (Rtd) From Bharat Mata Primary School Bilaspur R/o Karbala Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

--- Petitioner(s)

Versus

1 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya Atal Nagar, New Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2 - Director, Directorate Of Chhattisgarh Public Instruction, Indravati Bhawan, Second Floor, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3 - District Education Officer, Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

4 - Principal, Bharat Mata (Mh) Higher Secondary School Bilaspur District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

--- Respondent(s)

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WPS No. 2879 of 2021

1 - Sunil Francis S/o Late R Francis Aged About 62 Years L.D.T. (Rtd) From Bharat Mata Primary School Bilaspur R/o B 31 Garden City Rajkishore Nagar Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

--- Petitioner(s)

Versus

1 - State Of Chhattisgarh Through Secretary Department Of School Education, Mahanadi Bhawan, Mantralaya Atal Nagar, New Raipur , District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2 - Director Directorate Of Chhattisgarh Public Instruction, Indravati Bhawan, Second Floor, Raipur , District Raipur Chhattisgarh.

3 - District Education Officer Bilaspur , District Bilaspur Chhattisgarh.

--- Respondent(s)

WPS No. 2892 of 2021

1 - Anthony Xavier S/o Xavier Aged About 65 Years Rtd Peon, Bharat Mata (Hindi Medium) Higher Secondary School, Chandra Chowk Bharat Residency Hemu Nagar, District Bilaspur (Chhattisgarh), District : Bilaspur, Chhattisgarh

Petitioner(s)

Versus

1 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya Atal Nagar, New Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

2 - Director Directorate Of Chhattisgarh, Public Instruction, Indravati Bhawan, Second Floor, Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

3 - District Education Officer Bilaspur, District Bilaspur (Chhattisgarh), District : Bilaspur, Chhattisgarh

--- Respondent(s)

WPS No. 2895 of 2021

1 - Vivek Ranjan Jaiswal S/o Shri Shivdulare Jaiswal Aged About 55 Years Working As Assistant Teacher, And Posted At Mission Primary School Shantipara Batouli District Sarguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

--- Petitioner(s)

Versus

1 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, Atal Nagar New Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2 - Director Directorate Of Chhattisgarh Public Instruction, Indravati Bhawan, Second Floor, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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3 - District Education Officer Bilaspur District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

--- Respondent(s)

WPS No. 2948 of 2021

1 - Mrs Molly Ruban W/o Mr. C. Ruban Aged About 54 Years Working As Assistant Teacher And Posted At Bharat Mata (Hindi Medium) Primary School Bilaspur District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

--- Petitioner(s)

Versus

1 - State Of Chhattisgarh Through Secretary Department Of School Education, Mahanadi Bhawan, Mantralaya Atal Nagar, New Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2 - Director Directorate Of Chhattisgarh Public Instruction, Indravati Bhawan, Second Floor, Raipur District Raipur Chhattisgarh.

3 - District Education Officer Bilaspur, District Bilaspur Chhattisgarh.

--- Respondent(s)

For Petitioner(s) : Mr. Ajay Shrivastava with Mr. G. P. Mathur, Advocate For Respondent/State : Mr. Keshav Gupta, GA For Respondent in WPS Mr. Rupesh Sahu on behalf of Mr. Nelson Panna, Advocate

No. 2879/21, 2895/21 &

2948/21

(Hon’ble Shri Justice Sachin Singh Rajput)

Order on Board

11.02.2026

As identical issues are involved in these writ petitions, they are being heard and decided by this common order.

For the sake of convenience, the facts of WPS No. 2872/2026 are taken as the lead case.

Following relief(s) has been claimed in this writ petition:-

“(i) That, this Hon'ble Court may kindly be pleased to issue a appropriate writ/order/direction including the writ of mandamus and directing the

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respondents to extend the benefits of the pension to the petitioner at par with the teachers of School Education Department, in the interest of justice. (ii) That, this Hon'ble Court may kindly be pleased to issue a appropriate writ/order/direction including the writ of mandamus and directing the respondents particularly respondent no. 1 to provide grant in aid to the institution of the petitioner for payment of special grant for pension to the petitioner, in the interest of justice.

(iii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.”

Learned counsel for the petitioners submits that the petitioners who were working with the Government aided Educational Institutions are seeking the above stated relief(s). He further submits that the service condition of the petitioners are at per with the Government employees. Therefore, these writ petitions have been filed.

Opposing the submissions, learned counsel for the respondent/ State submits that the issue involved in these writ petitions has come up before this Court in WPS No. 2789 of 2017 and other connected matters and the Hon’ble Court has dismissed those writ petitions having identical issue involved.

This preposition could not be disputed by learned counsel for the petitioners.

This Court in WPS No.2789 of 2017 observed as thus:-

“Having considered the entire facts and circumstances of the case, this Court is of the considered view that in absence of particular rules, the State cannot be directed to make rules by extending the pensionary benefits to the retired teachers/ employees of the aided schools at par with the teachers/ employees of the State Government.

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In the result, all the petitions sans substratum, are liable to be and are

hereby dismissed. No order as to cost(s).”

Since the issue raised in these writ petitions has already been dealt with and decided against the petitioners therein in WPS No. 2789 of 2017. Therefore, the writ petitions are also dismissed in light of the order passed in WPS

No.2789 of 2017.

Sd/- (Sachin Singh Rajput) Judge

H.Ansari