Ghanshyam Kumar Sahu Vs the State of Chhattisgarh

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CGHC010221312023

2026:CGHC:30160

NAFR

Digitally signed by AJAY KUMAR DWIVEDI Date: 2026.07.17 15:04:00 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 4535 of 2023

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Ghanshyam Kumar Sahu S/o Shri Nand Kumar Sahu Aged About 33 Years R/o House No. 44, Ward No. 10, Patori, Ganiyari, Fingeshwar, District : Gariyabandh, Chhattisgarh

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... Petitioner.

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Versus

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1 - The State Of Chhattisgarh Through The Secretary, Department Of School Education, Government Of Chhattisgarh Mahanadi Bhawan, Nava Raipur Atal Nagar, Chhattisgarh, 492002.

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2 - The Secretary Department Of Panchayat And Rural Development, Government Of Chhattisgarh Mahanadi Bhawan, Nava Raipur Atal Nagar, Chhattisgarh, 492002.

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3 - The Director Directorate Of Public Instruction, Government Of Chhattisgarh, Indravati Bhavan, District : Raipur, Chhattisgarh

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4 - The Chief Executive Officer Nagar Panchayat Fingeshwar, District : Gariyabandh, Chhattisgarh

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5 - The District Education Officer District Gariyaband, Chhattisgarh.

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6 - The Block Education Officer Fingeshwar, District : Gariyabandh, Chhattisgarh

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... Respondents.

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(cause title downloaded from CIS Periphery)

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For Petitioner	:	Mr. Shalvik Tiwari, Advocate.
For Res No.1, 2, 3, 5	:	Mr. Siddharth Sharma, PL.
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For Res No.4	:	Ms. Priyanka Rai, Advocate.

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(Hon’ble Shri Justice Naresh Kumar Chandravanshi)

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Order on Board

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16/07/2026

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This Writ Petition under Article 226 of the Constitution of India has been filed for the followings reliefs:-

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"10.1. The Hon'ble Court may call for records from the respondents.

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10.2. The Hon'ble Court may issue an appropriate writ or direction on the Respondent Authorities to decide the representation of the Petitioner with regard to absorption in line with the judgment of this Honble Court in WPS/2530/2017 Mukesh Kumar Patel and Anr. V. State of Chhattisgarh and Ors and orders of the Respondent No. 1 dated 30.06.2018, 02.07.2018 and 13.07.2018.

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10.3. The Hon'ble Court may issue an appropriate writ or direction on the Respondent Authorities to count the services rendered by the petitioner as Panchayat Karmi for the purposes of grant of absorption.

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10.4. The Hon'ble Court may kindly be pleased to direct the respondent authorities to grant consequential seniority to the petitioner from the date of absorption.

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10.5. The Hon'ble Court may grant cost of petition to the Petitioner.

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10.6. The Hon'ble Court may grant any other relief as this Hon'ble Court may deem fit and proper in the nature and circumstances of the present case in the interest of justice."

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The main grievance of the petitioner in this writ petition is that the past services rendered by him as Shiksha Karmi Grade-III in different Government

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Schools under the Nagar Palika Parishads/Nagar Panchayats at Bemetara and Rajim have not been counted for the purpose of his absorption.

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Learned counsel for the petitioner submits that after appointment, the petitioner joined the post of Shiksha Karmi Grade-III at the Government Girls Primary School, Bemetara on 23.11.2011. Since he was subsequently selected as Assistant Teacher Grade-III in Nagar Panchayat, Rajim, therefore, he resigned from the post of Shiksha Karmi Grade-III from the said school at Bemetara on 30.11.2011. Subsequently, he joined the post of Assistant Teacher Grade-III on 01.12.2011 at the Government Primary Girls School, Rajim. The petitioner was again selected for the post of Shiksha Karmi Grade-III at Nagar Panchayat, Fingeshwar, Raipur on 30.12.2011 and resigned from the earlier school on 03.01.2012. Following this, he joined the Government Primary School, Darripar, Fingeshwar Block, Raipur on 04.01.2012.

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Learned counsel further submits that, after rendering regular services, the petitioner's services were absorbed into the School Education Department vide order dated 31.10.2020 (Annexure-P/14) w.e.f. 01.11.2020. However, since the petitioner had been continuously working on the post of Shiksha Karmi Grade-III (LB) since 23.11.2011, he had already completed 8 years of service. Therefore, as per the policy order issued by the School Education Department, Government of Chhattisgarh on 02.07.2018 (Annexure-P/11), his absorption ought to have been made effective from 01.01.2020. However, despite representation made by the petitioner on 16.03.2023 (Annexure-P/15), his grievance has not been redressed. Hence, he prays that his absorption into the School Education Department be made effective from 01.01.2020, particularly in light of the judgment rendered by this Court in

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the case of Mukesh Kumar Patel & another Vs. State of CG & another and other connected matters (WPS 2530/2017 decided on 28.11.2017) , which was upheld by a learned Division Bench in WA No. 314/2018 (State of CG and others Vs. Mukesh Patel and another decided on 13.09.2018) . He also places reliance on the case of Shabnum Khatun Vs. State of CG and others and other connected matters (WPS No. 6147/2018 delivered on 27.10.2018) and submits that similarly situated employees have been granted the benefit of absorption by counting their past services. In view of these submissions, he prays to allow the writ petition.

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The State/Respondents No. 1, 2, 3, 5, 6 & 7, who are the main contesting parties, have filed their return. Learned State counsel, referring to the reply, submits that the petitioner was appointed as Shiksha Karmi Grade-III (LB) in Nagar Palika Parishad, Bemetara and had been working there since 23.11.2011. Subsequently, he rendered his services as Shiksha Karmi GradeIII (LB) at Government Schools in Rajim and Fingeshwar, respectively. However, because he resigned from his earlier posts to join subsequent posts as Assistant Teacher Grade-III under Nagar Panchayat Rajim and Shiksha Karmi Grade-III (LB) under Nagar Panchayat Fingeshwar, Raipur, he is not entitled to have his past services counted toward the 8-year service requirement for absorption. Hence, the writ petition deserves to be dismissed.

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Learned counsel for respondent No. 4 supports the submissions made by the learned State counsel and prays to dismiss the writ petition.

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Heard learned counsel for the parties and perused the documents placed on record with the petition.

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The petitioner joined for the first time on the post of Shiksha Karmi Grade-III (LB) at Government Girls Primary School, Bemetara on 23.11.2011. Thereafter, he was appointed to the post of Assistant Teacher Grade-III (LB) at Nagar Panchayat, Rajim, for which he resigned from his place of posting at Bemetara. Subsequently, he again resigned from the post of Assistant Teacher Grade-III, Rajim, as he was selected for and joined the post of Shiksha Karmi Grade-III at Nagar Panchayat, Fingeshwar, Raipur.

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At the time of his absorption vide Annexure-P/14, he was working on the post of Shiksha Karmi Grade-III at Government Primary School, Darripar, Fingeshwar Block, Raipur, and was subsequently absorbed by the School Education Department into the post of Assistant Teacher (LB) effective from 01.11.2020.

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The Teachers under the Panchayat/local bodies were absorbed into the School Education Department in compliance with the order dated 02.07.2018 (Annexure-P/11) issued by the Government of Chhattisgarh, School Education Department. The contents of the said order are reproduced below:

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नयारायपुर, विर्देनांक 02/07/2018 क्रमांकएफ 12–03/2018/20–र्देोराज्यशासनकेविनर्ण&यअनुसारएतद्द्वारा शासकीयशा�ाओंमेंकाय&रतशिशक्षक (पंचायत/नगरीयविनकाय) जि0नकीसे�ायें 01 0ु�ाई 2019 को 08 �र्ष& याउससेअधि5कपूर्ण& होंगी, कीसे�ाओंकाविर्देनांक 01 0ु�ाई 2019 सेस्कू�शिशक्षावि�भागमेंसंवि�लि�यनकाआर्द े श0ारीविकया0ायेगा। इसकेपश्चात 08 �र्ष& कासे�ाका�पूर्ण& होनेपरसंबंधि5त�र्ष& के 01 0न�रीए�ं 01 0ु�ाईकोसंवि�लि�यनकाआर्दशसक्षमअधि5कारीद्वारा0ारीविकया0ायेगा। े

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संवि�लि�यनकीसे�ाशत�वि�भागद्वारा0ारीविकयेगयेसमसंख्यकआर्दशक्रमांक े एफ 12–03/2018/20–र्देोविर्देनांक 30.06.2018 मेंउल्लेखअनुसारहोंगी।

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छत्तीसगढ़केराज्यपा�केनामसे

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तथाआर्द े शानुसार (गौर�विद्व�ेर्देी) सधिच�

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छत्तीसगढ़शासन स्कू�शिशक्षावि�भाग पृ.क्र. 12–03/2018/20–र्देो नयारायपुर, विर्देनांक 02/07/2018

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A plain reading of the order reproduced above reveals that Teachers (Panchayat/Local Body) who have completed 8 years of service or more in Government Schools will be absorbed into the School Education Department from 01.07.2019. Following that period, those Teachers who complete 8 years of service are to be absorbed from the 1st of January and 1st of July of the relevant year.

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In the present case, the petitioner joined services as Shiksha Karmi Grade-III (LB) on 23.11.2011. Thereafter, he served as Assistant Teacher Grade-III (LB) at Bemetara. Subsequently, he joined as Assistant Teacher Grade-III in Government Schools under Nagar Panchayat Rajim and Nagar Panchayat Fingeshwar, Raipur. Thus, from 23.11.2011 until his absorption on 01.11.2020, he was continuously posted on the post of Shiksha Karmi/Assistant Teacher Grade-III (LB). The order dated 02.07.2018 (Annexure-P/11) nowhere mandates that the past services of Teachers working in different places would be counted only if they joined subsequent positions after obtaining a No Objection Certificate (NOC) or after applying through the proper channel.

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In the case of Mukesh Kumar Patel (Supra) , the issue under consideration was whether the 8 years of service of Teachers could be counted for granting the benefit of the Revised Pay Scale if they joined a higher post without obtaining an NOC. After considering the issue, the following observations were made in paragraphs 11 to 13:

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"11 . It is the stand of the State Government that if a person is not entitled to be recruited unless he submits NOC of his employer along with his application, his past service as a member of any lower post in the Teacher (Panchayat) cadre is not to be counted, however, a plain reading of the above referred provisions would not indicate that it applies to an order whereby the service benefit admissible to an employee appointed in violation of Rule 10 (8) of the Rules, 1999 is to be withdrawn even though he is continued in service. If according to the State Government or the concerned Panchayat a person has been appointed in contravention to Rule 10 (8) of the Rules, 1999, it was for them to take the action desirable in law, but the benefit admissible to a serving employee cannot be withdrawn, as there is no express provision to this effect.

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This rule will not be applicable in the present facts situation also for the reason, which is binding on the Single Bench, inasmuch as in Dinesh Kumar Dewangan (supra) the Division Bench of this Court has observed in para 6 of the judgment that the Rules or the advertisement did not provide that past service would not be counted in such situation. With this observation of the Division Bench, it is not open either for the State or for this Court to consider any submission, which runs contrary to the observation made by the Division Bench.

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Once it is found that there is no provision under the Rules or the advertisement providing that past services would not be counted in such situation, it is not open for the respondent to create a class of such Shiksha Karmis who have not obtained NOC before being recruited to the higher post of Teacher (Panchayat) cadre. Such norm of

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eligibility for counting 8 years service is not provided in the order dated 17.05.2013 also. "

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It is pertinent to mention here that the aforesaid judgment passed by the learned Single Judge was subsequently upheld by a learned Division Bench in Writ Appeal No. 314/2018 (State of CG and another Vs. Mukesh Kumar Patel and another) vide judgment dated 13.09.2018.

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Thus, since the petitioner initially joined his services as Shiksha Karmi Grade-III (LB) on 23.11.2011 and remained on the same cadre post i.e., Shiksha Karmi Grade-III (LB) until his absorption, he had completed 8 years of service on 22.11.2019. Consequently, in terms of the order dated 02.07.2018 (Annexure-P/11) issued by the School Education Department, Government of Chhattisgarh and considering the aforesaid judgments, the petitioner was entitled to be absorbed into the School Education Department effective from 01.01.2020. His absorption from 01.11.2020 is, therefore, contrary to the mandate of the order dated 02.07.2018 (Annexure-P/11).

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In view of the foregoing discussion, this Court finds that the petitioner is entitled to receive the benefit of absorption with effect from 01.01.2020. Hence, the respondents are directed to pass an order absorbing the petitioner into the School Education Department with effect from 01.01.2020 instead of 01.11.2020. The consequential benefits shall follow in accordance with the law and relevant rules.

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The Writ Petition is allowed to the extent indicated above.

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Pending applications, if any, stand disposed of.

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Sd/(Naresh Kumar Chandravanshi) Judge

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Ajay

Ghanshyam Kumar Sahu v. the State of Chhattisgarh

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Ghanshyam Kumar Sahu v. the State of Chhattisgarh

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