1 2025:CGHC:9695 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1443 of 2025 1 - Bhagwat Das Chelak S/o Premdas Chelak Aged About 58 Years Working As Cook Govt. Other Backward Class Boys Hostel Motinagar Raipur District - Raipur (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary Scheduled Caste And Scheduled Tribe Welfare Department Mantralaya Atal Nagar New Raipur District - Raipur (C.G.) 2 - The Commissioner Scheduled Caste And Scheduled Tribe Development Department Indravati Bhawan Atal Nagar New Raipur (C.G.) 3 - The Director Directorate of Public Instructions Atal Nagar New Raipur (C.G.) 4 - The Collector and Assistant Commissioner (Tribal Development Brach Raipur District - Raipur (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioner : Shri Harish Khuntiya, Advocate For State/Respondents : Shri Abhishek Gupta, Panel Lawyer Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 25/02/2025 1. By this petition, the petitioner seeks the following reliefs: “10.1 That, the Hon'ble court may kindly be pleased to direct the respondents to grant regular pay scale to the petitioner under the Digitally signed by GOPAL SINGH Date: 2025.03.01 11:56:39 +0530 2 consistency services immediately on completion of 3 years services from the initial date of appointment and direction be given to the respondent department to give difference of pay to the petitioner and all the benefits on the basis of equal pay for equal work. 10.2 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.” 2. Learned Counsel appearing for the petitioner submits that the petitioner was appointed on the post of Cook under respondent No.1 department on 11.9.1995 as daily wager employee on Collector’s rate and subsequently vide order dated 9.9.2008 the petitioner was regularised under contingency establishment. Therefore, he is entitled to get benefit of regular pay scale immediately on his completion of 3 years of service from the initial date of appointment. He further submits that similar relief has already been granted to certain persons whose services were also regularized in the State Government. He refers to order dated 28.9.2018 (Annexure P-5) and submits that in the like situation, few of other persons, who were similarly placed, have been given the benefit of regular pay scale on completion of 3 years of service. 3. At this juncture, learned counsel appearing for the State/respondents submits that it would be better if the petitioner files a detailed fresh representation before Respondent No.4 along with all relevant documents in support of his claim including the orders of the State Government as also the orders of the High Court in other connected petitions. He further submits that in case representation is made, Respondent No.4 will decide the same at the earliest. 4. Considering the facts of the case and the submissions made by learned counsel for the parties, the writ petition is disposed of giving liberty to the petitioner to file a fresh representation before Respondent No.4 along with all relevant 3 documents in this regard whereby similar benefits have been given to other similarly situated persons. On making such representation, Respondent No.4 shall consider and decide the same in accordance with law within a period of 90 days from the date of receipt of the representation. 5. It is made clear that this Court has not expressed any opinion so far as entitlement of the petitioner is concerned. The respondents-authorities shall be free to take a decision purely in accordance with the rules governing the matter. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh