Dilip Singh Thakur v. State of Chhattisgarh
Case brief
What is this about?
Batch of 24 writ petitions (lead: WPS No. 647 of 2021), High Court of Chhattisgarh at Bilaspur, Amitendra Kishore Prasad, J., CAV order reserved 14.01.2026, delivered 23.01.2026. Shikshakarmi teachers/Lecturers (L.B.) absorbed into School Education Department from 01.07.2018; counting of pre-absorption service as qualifying service for pension under the Rules of 1976 / Pension Rules, 1976; restoration of Old Pension Scheme by Notifications dated 11.05.2022 and 20.01.2023; New Pension Scheme, 2004; determinative date of appointment for pension; absorption policy dated 30.06.2018; Rule 4, Rule 12(2), Rule 13, Rule 2(1)(b); policy formulation versus judicial review under Article 226; Articles 14 and 16; writ petitions disposed of with direction to the State to take a categorical policy decision; no costs.
What did the court decide?
All 24 writ petitions disposed of with the above observations/directions: the State Government is to take a conscious, reasoned and categorical policy decision on the determinative date of appointment for pensionary purposes, including whether and to what extent pre-absorption Shikshakarmi service merits consideration (including the ten-year qualifying service requirement from 01.07.2018); no specific pensionary benefit directed and no policy struck down; liberty reserved to the petitioners to pursue legal remedies; no order as to costs.