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Tulsi Divya vs State Of Chhattisgarh
2026 Latest Caselaw 1971 Chatt

Citation : 2026 Latest Caselaw 1971 Chatt
Judgement Date : 22 April, 2026

[Cites 3, Cited by 0]

Chattisgarh High Court

Tulsi Divya vs State Of Chhattisgarh on 22 April, 2026

Author: Parth Prateem Sahu
Bench: Parth Prateem Sahu
                                     1




                                                    2026:CGHC:18326
                                                                  NAFR

            HIGH COURT OF CHHATTISGARH AT BILASPUR


                          WPS No. 11259 of 2025

1 - Tulsi Divya W/o Shri Ramakant Divya, Aged About 42 Years Present
Posted Govt. Middle School Kuriyari, Block- Nawagarh, District Janjgir
Champa (C.G.)


2 - Rajesh Kumar Kashyap S/o Resham Lal Kashyap, Aged About 43 Years
Present Posted Govt. Middle School Semara, Block- Nawagarh, District
Janjgir Champa (C.G.)


3 - Arandhana Kashyap W/o Rajesh Kumar Kashyap, Aged About 38 Years
Present Posted Govt. Middle School Kanyakhokhara, Block- Nawagarh,
District Janjgir Champa (C.G.)


4 - Deepak Kumar Kashyap S/o Shri Shambhu Sharan Kashyap, Aged About
50 Years Present Posted Primary School Bardih, Block- Nawagarh, District
Janjgir Champa (C.G.)


5 - Dhrmin Garhwal W/o Virendra Kumar Garhwal, Aged About 48 Years
Present Posted Govt. Middle School Sukli, Block- Nawagarh, District Janjgir
Champa (C.G.)


6 - Uma Pandey W/o Shree Yogesh Kumar Pandey, Aged About 50 Years
Present Posted Govt. Primary School B.D.M. Janjgir, Block- Nawagarh,
District Janjgir Champa (C.G.)


7 - Shitla Tandan S/o Lalram Tandan, Aged About 41 Years Presently Posted
                                     2

As Head Master At Govt. Primary School Sendri, Block- Nawagarh, District
Janjgir Champa (C.G.)


8 - Sandhya Kiran Choubey Shamhu Prasad Sahu, Aged About 44 Years
Presently Posted As Teacher At Govt. Middle School Kuthur, Block-
Nawagarh, District Janjgir Champa (C.G.)


9 - Basantee Markam W/o Ramesh Kumar Markam, Aged About 42 Years
Presently Posted As Head Master At Govt. Navin Primary School Khokhara,
Block- Nawagarh, District Janjgir Champa (C.G.)


10 - Nita Rathore W/o Prabhat Kumar Rathore, Aged About 44 Years
Presently Posted As Head Master At Primary School Jobi, Block- Nawagarh,
District Janjgir Champa (C.G.)


11 - Mamta Rathore W/o Vijay Singh Rathore, Aged About 37 Years
Presently Posted As Teacher At Govt. Middle School Kanhaiband, Block-
Nawagarh, District Janjgir Champa (C.G.)


12 - Vijay Singh Rathore S/o Rajaram Rathore, Aged About 37 Years
Presently Posted As Assistant Teacher At Govt. Primary School Dhaneli,
Block- Nawagarh, District Janjgir Champa (C.G.)


13 - Nalini Tiwari W/o Pradeep Kumar Tiwari Aged About 58 Years Presently
Posted As Teacher At Govt. Middle School Awarip, Block- Nawagarh, District
Janjgir Champa (C.G.)


14 - Suman Kanta Rathore W/o Late Mahesh Kumar, Aged About 55 Years
Presently Posted As Teacher At Govt. Middle School Awrid, Block-
Nawagarh, District Janjgir Champa (C.G.)


15 - Hemant Kumari Ratnakar W/o Dinesh Kumar Ratnakar, Aged About 41
Years Presently Posted As Assistant Teacher At Govt. Primary School Gond
Para Amora, Block- Nawagarh, District Janjgir Champa (C.G.)


16 - Ragini Tiwari W/o Ramshanehi Tiwari, Aged About 56 Years Presently
                                      3

Posted As Head Master At Govt. Primary School Gondpara Amora, Block-
Nawagarh, District Janjgir Champa (C.G.)


17 - Brihaspati Sahu W/o Gandhi Prasad Sahu, Aged About 46 Years
Presently Posted As Head Master At Govt. Primary School Chourabhatha,
Block- Nawagarh, District Janjgir Champa (C.G.)


18 - Harishchandra Kanwar S/o Panch Ram, Aged About 42 Years Presently
Posted As Assistant Teacher At Govt. Janpad Primary School Amora, Block-
Nawagarh, District Janjgir Champa (C.G.)


19 - Savita Ratnakar W/o Y.K. Ratnakar, Aged About 45 Years Presently
Posted As Teacher At Govt. Middle School Awari, Block- Nawagarh, District
Janjgir Champa (C.G.)


20 - Susheela Mahilane W/o Vinod Kumar Mahilane, Aged About 41 Years
Presently Posted As Head Master At Govt. Primary School Awarid, Block-
Nawagarh, District Janjgir Champa (C.G.)


21 - Kumari Chamelee Kiran D/o Kanhaiya Lal Kiran, Aged About 57 Years
Presently Posted As Teacher At Govt. Middle School Awrid, Block-
Nawagarh, District Janjgir Champa (C.G.)


22 - Sushila Tandon W/o Anil Tandon, Aged About 42 Years Presently Posted
As Head Master At Govt. Primary School Bhathapara Nawagarh, Block
Janjgir Champa, District Janjgir Champa (C.G.)


23 - Ramvilas Aditya S/o Mahesh Ram Aditya, Aged About 43 Years
Presently Posted As Assistant Teacher At Govt. Primary School Dhaneli,
Block- Nawagarh, District Janjgir Champa (C.G.)


24 - Chandrashekhar Dewangan S/o Paduman Lal Dewangan, Aged About
36 Years Presently Posted As Assistant Teacher At Govt. Primary School
Mohtara, Block- Nawagarh, District Janjgir Champa (C.G.)


25 - Manmohan Singh Gond S/o Sukhu Ram Gond, Aged About 46 Years
                                     4

Presently Posted As Teacher At Govt. Middle School Salkhan, Block-
Nawagarh, District Janjgir Champa (C.G.)


26 - Firat Ram Kurmi S/o Bharat Kumar, Aged About 47 Years Presently
Posted As Teacher At Govt. Middle School Kansha, Block- Nawagarh, District
Janjgir Champa (C.G.)


27 - Ramkumar Shriwas S/o Pyarelal Shriwas Aged About 58 Years
Presently Posted As Lecturer At Govt. Higher Secondary School Misda,
Block- Nawagarh, District Janjgir Champa (C.G.)


28 - Jay Dayal Sahu S/o Sohan Lal Sahhu, Aged About 56 Years Presently
Posted As Teacher At Govt. Middle School Misda, Block- Nawagarh, District
Janjgir Champa (C.G.)


29 - Lakshman Prasad Manjhi S/o Late Anjor Singh, Aged About 53 Years
Presently Posted As Head Master At Govt. Primary School Nagaridih, Block-
Nawagarh, District Janjgir Champa (C.G.)


30 - Balram Patel S/o Jani Ram Patel, Aged About 48 Years Presently
Posted As Head Master At Govt. Navin Primary School Bhathapara Pachari,
Block- Nawagarh, District Janjgir Champa (C.G.)


31 - Satyaprakash Dewangan S/o Gyani Ram Dewangan, Aged About 38
Years Presently Posted As Teacher At Govt. Middle School Kera, Block-
Nawagarh, District Janjgir Champa (C.G.)


32 - Abhay Sahu S/o Radhe Shyam Sahhu, Aged About 39 Years Presently
Posted As Teacher At Govt. Middle School Kesla, Block- Nawagarh, District
Janjgir Champa (C.G.)


33 - Sajni Ratnakar W/o Bholaram Ratnakar, Aged About 38 Years Presently
Posted As Teacher At Govt. Middle School Tulsi, Block- Nawagarh, District
Janjgir Champa (C.G.)


34 - Vishram Prasad Khutte S/o Nanki Ram Khutte, Aged About 56 Years
                                         5

Presently Posted As Assistant Teacher At Govt. Girls Primary School Kera,
Block- Nawagarh, District Janjgir Champa (C.G.)


35 - Umashankar Dewangan S/o Manbodh Prasad Dewangan Aged About
38 Years Presently Posted As Teacher At Govt. Middle School Mohtara,
Block- Nawagarh, District Janjgir Champa (C.G.)


36 - Lomash Ram Shriwas S/o Narottam Lal, Aged About 57 Years Presently
Posted As Teacher At Govt. Middle School Kera, Block- Nawagarh, District
Janjgir Champa (C.G.)


37 - Ashok Kumar Verma S/o Ghanshyam Singh Verma, Aged About 49
Years Presently Posted As Teacher At Govt. Middle School Bundela, Block-
Nawagarh, District Janjgir Champa (C.G.)


38 - Paras Ram Dhruw S/o Pritram Dhruw, Aged About 56 Years Presently
Posted As Teacher At Govt. Middle School Bundela, Block- Nawagarh,
District Janjgir Champa (C.G.)


39 - Poonam Kashyap W/o Ravishankar Kashyap, Aged About 45 Years
Presently Posted As Assistant Teacher At Govt. Primary School Malda,
Block- Nawagarh, District Janjgir Champa (C.G.)
                                                              ... Petitioners


                                      versus


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


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


3 - Director, Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar
Naya Raipur, District Raipur (C.G.)
                                          6




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


5 - District Education Officer, District Janjgir Champa (C.G.)


6 - Chief Executive Officer, Zila Panchayat, Janjgir Champa, District Janjgir
Champa (C.G.)


7 - Chief Executive Officer, Janpad Panchayat, Nawagarh, District Janjgir
Champa (C.G.)


8 - Block Education Officer, Block- Nawagarh, District Janjgir Champa (C.G.)
                                                                 ... Respondents

For Petitioners : Mr. Dinesh Yadav, Advocate For Respondents/State : Mr. Shahil Singh, Panel Lawyer

Hon'ble Shri Justice Parth Prateem Sahu Order On Board 22.04.2026

1. Petitioners have filed this petition seeking following relief (s) :-

"10.1 Issue a writ, order or direction in the nature of mandamus, and/or any other appropriate writ, order or direction under Article 226 of the Constitution of India directing the respondents to implement the 2017's Kramonati Order read with Order dated 06.04.2019 issued by the Department of School Education, Government of Chhattisgarh by upgrading and fixing the pay scale of the petitioner from the date of completion of 10 years or 20 years of service in the same grade as the case may be.

10.2 Issue a writ, order or direction in the nature of mandamus and/or any other appropriate writ, order or direction under Article 226 of the Constitution of India directing the respondents for disbursement of arrears accrued from the date of completion of 10 years or 20 years (as the case may be) in the service by the petitioner till date after verifying from the local fund auditor, and to sent the revised Last Pay Certificate book along with the information of the newly determined pay scale to the current Drawing and Disbursing Officer(s) of the Petitioners.

10.3 Alternatively, issue a writ, order or direction in the nature of mandamus and/or any other appropriate writ, order or direction under Article 226 and 227 of the Constitution of India directing the respondents to consider the detailed representation along with the judgment in Sona Sahu's (supra) on which the petitioners want to place reliance and consider and examine the same within the appropriate period as this Hon'ble Court may deem fit, and in the even the authorities come to the conclusion that the Petitioners for benefits of upgradation in the pay scale and claims, same be paid to the petitioners within 60 days."

2. Learned counsel for petitioners submits that petitioners are entitled for

Kramonnati Vetanman in terms of decision in case of Sona Sahu Vs.

State of Chhattisgarh, in W.A. No.261 of 2023, decided on

28.02.2024.

3. Learned State counsel opposes the submission of learned counsel for

petitioners and would submit that case of the petitioners are different

than that of case of Sona Sahu. Petitioners were earlier employees of

Panchayat Department and thereafter, they were absorbed in

Education Department pursuant to policy decision taken by State

Government on 30.06.2018. Petitioners were not appointed as regular

Assistant Teacher by School Education Department but were

appointed by Janpad Panchayat. Coordinate Bench of this Court has

considered the issue with regard to grant of Kramonnati Vetanman to

such employees in WPS No.11009 of 2025 and other batch of writ

petitions and has dismissed those writ petitions.

4. Petitioners upon asking do not dispute the submission of learned State

counsel with respect to their initial appointment under Panchayat

Department by Janpad Panchayat as also decision in WP(S)

No.11009 of 2025.

5. Coordinate Bench of this Court while considering the batch of writ

petitions lead case bearing WPS No. 11009 of 2025 with regard to

grant of Kramonnati to petitioners therein, has dismissed the writ

petitions and observed thus :-

"35. Considering the facts of the case that the petitioners till absorption in pursuance of the policy dated 30.06.2018 are not teachers of the School Education Department, they were shikshakarmis though their designation has been changed as Assistant Teacher (panchayat), Teacher (panchayat) and Lecturer (panchayat) respectively and they are governed by the separate rules framed under the Panchayat Raj Adhiniyam, 1993, therefore, the petitioners are not fulfilling the criteria as laid down in the circular dated 10.03.2017, the bunch of the writ petitions are liable to be dismissed, accordingly, they are dismissed."

6. Since the facts of the case of petitioners as is identical to the facts of

the case in WP(S) No.11009 of 2025 is not disputed, this petition is

also dismissed in terms of order passed in WPS No.11009 of 2025

and other connected case decided on 24.11.2025.


ALFIZA
BAIG                                                         sd/-

                                                    (Parth Prateem Sahu)


18:17:47 +0530                                              Judge
     alfiza
 

 
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