1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1735 of 2025 1 - Kamlesh Mishra S/o Late Shri Narsingh Mishra Aged About 61 Years R/o Sonarpara, P.S. Kotwali, Raigarh, Civil And Revenue District Raigarh (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Urban Administration And Development, Mahanadi Bhavan, Mantralaya, New Raipur, District Raipur (C.G.) 2 - State Of Chhattisgarh Through Secretary, Department Of General Administration, Mahanadi Bhavan, Mantralaya, New Raipur, P.O. And P.S. Naya Raipur District Raipur (C.G.) 3 - The Municipal Corporation Through The Commissioner, Municipal Corporation, Raigarh, District Raigarh (C.G.) ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner :- Mr. Rajendra Tripathi, Advocate For State :- Mr. Ajit Singh, G.A. For Respondent No 3 :- Mr. Pankaj Agrawal, Advocate ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR Date: 2025.04.08 18:35:52 +0530 2 Order On Board 11.03.2025 1. By way of this petition, the petitioner is seeking indulgence of this Court by inheriting power under Article 226 of the Constitution of India. 2. The grievance of the petitioner is that even after regularisation, the petitioner is not being given benefit of higher pay-scale though he has completed his probation period way back on 15.01.2017. It has been stated that since the petitioner is going to retire on 30.06.2024, as such, the matter is required to be considered urgently otherwise he will not receive the benefit of pension and other service benefits in accordance with law and even after entitlement he will get a very meager amount as pension. The petitioner is seeking following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to set aside the impugned order dated 07.03.2022 (Annexure P/1) regarding blacklisting of the petitioner's firm. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondents to allow the participation of petitioner, fairly in the advertised Tender and other forthcoming Tenders. 10.3. That this Hon'ble Court may kindly be pleased to direct the respondent n.2 to refund the penalty amount which has been illegally deducted from other bill amounting to Rs.4,97,931/- 3 10.4. Any other relief which this Hon'ble Court deems fit and proper may also be passed in favour of the petitioner together with cost of the petition.” 3. It was the case of the petitioner that he is working in the Municipal Corporation, Raigarh since last 20-25 years as daily wager employee and subsequently vide order dated 15.01.2015, his services were regularised along with such employees by the Commissioner, Municipal Corporation, Raigarh. The regularisation was made for a period of 2 years after the probation period which the petitioner has successfully completed on 15.01.2017 and, as such, he is entitled for grant of revised higher pay-scale, promotion and other service benefits which are to be given to regular permanent employees of the Department. 4. Learned counsel for the petitioner argued that since the service of the petitioner has been regularised and he has successfully completed the probation period way back on 15.07.2017, as such, the respondents are under obligation to pass appropriate orders in respect of his revised higher pay-scale, promotion and other service benefits on account of his successfully completing his probation period. It was argued that the petitioner is going to be retired on 30.06.2025 and therefore, in an emergent method, the grievance of the petitioner is required to be redressed so that he will get benefit of higher pay--scale, promotion and all other service benefits during his service tenure and after retirement, he 4 will get appropriate amount of pension and all other service benefits. 5. Learned counsel for the respondent Nos. 1 & 2 submits that if the petitioner is entitled for grant of higher pay-scale, promotion and other service benefits, the same shall be granted to the petitioner. 6. Learned counsel for the respondent No. 3, with whom the petitioner is working, has also submitted that the Municipal Corporation Raigarh will consider the case of the petitioner and they will pass an appropriate orders while giving benefit of higher pay-scale, promotion and other service benefits as per his entitlement. Learned counsel for the respondent No. 3 further submitted that since the petitioner is going to retire on 30.06.2025, as such, they will take every endeavour to grant higher pay-scale and all other service benefits to the petitioner before his retirement so that the petitioner may not face any difficulty. 7. I have heard learned counsel for the parties, and perused the material available on record. 8. From perusal of the record, it shows that the petitioner has served about 20-25 years in the Municipal Corporation Raigarh. He is a class-III employee being working as Pradhan Safai Daroga and, as such, the case the petitioner for grant of higher pay-scale, promotion and other service benefits are required to be granted to the petitioner. The petitioner is going to be retired on 30.06.2025 therefore, the respondent No. 3 is directed to consider the case of the petitioner and to pass appropriate orders within a period of 60 5 days from the date of production of this order preferably before his retirement, so that he may get fruits of his service and may lead a peaceful life after retirement. 9. With the aforesaid direction/observation, the writ petition stands disposed of. sd/- (Amitendra Kishore Prasad) Judge Vishakha