Chhattisgarh High Court Rules Against Shiksha Karmis in Kramonnati Benefits Case

Court Holds Shiksha Karmis Not Entitled to Government Service Benefits Prior to Absorption

In a significant judgment, the Chhattisgarh High Court has dismissed a series of petitions filed by Shiksha Karmis seeking the benefits of Kramonnati (upgradation pay scale) under a 2017 circular. The ruling, delivered by Justice Narendra Kumar Vyas, clarified that Shiksha Karmis, who were absorbed into the School Education Department of Chhattisgarh in 2018, are not entitled to such benefits as they were not considered government servants before their absorption and were governed by separate rules under the Panchayat Raj Adhiniyam, 1993.

The case, led by petitioner Smt. Abha Namdeo, involved a batch of 1188 writ petitions. Petitioners claimed entitlement to the first and second Kramonnati after completing 10 years of service, aligning their situation with the case of Smt. Sona Sahu, whose writ appeal was previously allowed. However, the court found that the Shiksha Karmis were initially appointed under distinct recruitment rules and were absorbed into government service only from July 1, 2018. Consequently, their prior service could not be counted towards government service benefits such as Kramonnati.

The court further emphasized the distinction between Shiksha Karmis and regular government teachers, noting that the former were governed by the Panchayat Raj Adhiniyam's rules until their absorption. The judgment also highlighted that the doctrine of merger did not apply to the dismissal of the State's Special Leave Petition (SLP) by the Supreme Court, as no leave was granted, and no speaking order was passed.

The ruling underscores the legal principle that employees claiming parity must establish factual similarity with precedent cases. The petitioners, in this case, failed to demonstrate that their employment conditions matched those of Smt. Sona Sahu, who was considered a government servant before her promotion claim.

The decision has significant implications for Shiksha Karmis seeking retrospective government service benefits, reinforcing the requirement for clear legal status as government servants before claiming such entitlements.

Bottom Line:

Shiksha Karmis absorbed into the School Education Department of Chhattisgarh in 2018 are not entitled to benefits such as kramonnati (upgradation pay scale) under the circular dated 10.03.2017, as they were not considered government servants before their absorption and were governed by separate rules under the Panchayat Raj Adhiniyam, 1993.

Statutory provision(s): Panchayat Raj Adhiniyam, 1993, Circular dated 10.03.2017, Articles 14 and 16 of the Constitution of India.

Smt. Abha Namdeo v. State of Chhattisgarh, (Chhattisgarh) : Law Finder Doc Id # 2812542