1 2025:CGHC:40802 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2393 of 2021 1 - Smt. Surekha Dhankar W/o Shri Deepak Kumar Dhankar Aged About 31 Years Presently Working On The Post Of Librarian At Government Higher Secondary School Parpodi Block - Saja, District - Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh, Through - The Secretary, Department Of School Education Mahanadi Bhawan New Raipur, District - Raipur - Chhattisgarh., District : Raipur, Chhattisgarh 2 - The, Divisional Joint Director Education Division Durg District - Durg Chhattisgarh., District : Durg, Chhattisgarh 3 - District Education Officer Bemetara District - Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh 4 - Block Education Officer Saja District - Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh 5 - Chief Executive Officer Zila Panchayat Bemetra District - Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh 6 - Chief Municipal Officer Nagar Panchayat - Perpodi, District - Bemetra Chhattisgarh., District : Bemetara, Chhattisgarh ... Respondent(s) For Petitioner : Shri A.N. Pandey, Advocate. For Respondent/State : Shri Raj Kumar Gupta, Addl. A.G. For Respondent No.6 : Ms. Harneet Kaur, Advocate holding the brief of Shri Sourabh Sharma, Advocate. SMT NIRMALA RAO 2 Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 13.08.2025 1. The petitioner has filed this petition seeking the following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to set aside of the impugned order dated 31.12.2020 ANNEXURE P/1, in respect of change of post of Assistant Teacher (librarian) L.B in place Teacher Librarian (L.B) and reduce the pay scale of the petitioner. 10.2 That, this Hon'ble court may kindly be please to direct the respondent no. 3 to absorbed the service of petitioner on the post of Teacher (Librarian) L.B and grant the pay scale of the said post with effect from 1.11.2020. 10.3 Any other relief or reliefs may also be granted to the petitioner which this Hon'ble court deems fit and proper in the facts and circumstances of the case.” 2. Learned counsel for the petitioner would submit that an advertisement was issued by respondent No.6 on 25.5.2013 for one post of Teacher/ Librarian. He would contend that the petitioner applied for the said post pursuant to the advertisement and was duly selected. He would contend that an order of appointment was issued on 13.2.2014, whereby the petitioner was appointed against a vacant and sanctioned post of Teacher (Urban Body). He would further contend that the pay- scale of the petitioner at the time of appointment was Rs.4500-125- 7000/- per month. It is further submitted that the services of the petitioner were absorbed vide order dated 31.10.2020, and thereafter, the petitioner has been shown as an Assistant Teacher, with a reduced pay-scale. He would also contend that, according to the pay revision 3 rules, after absorption, the Teachers were entitled to a pay-scale of 9300-35400/-, whereas the petitioner is being paid the pay-scale applicable to an Assistant Teacher, i.e., Rs. 7440-25300/-. He would contend that the petitioner has made several representations in this regard, but till date, the anomaly has not been rectified. He would pray to allow this petition. 3. On the other hand, learned Advocates for the respondents would oppose the submissions made by counsel for the petitioner. They would submit that the petitioner was appointed against the post of Teacher/Librarian (LB) and after absorption, his services have been regularized against the post of Assistant Teacher. Therefore, he is being paid the pay-scale applicable to that post as per the absorption order. They would contend that the claim of the petitioner is misconceived and the petition deserves to be dismissed. 4. I have heard learned counsel for the parties and perused the documents present on the record. 5. It is not in dispute that the petitioner was appointed to the post of Teacher (Urban Body) vide order dated 13.2.2014 in the pay-scale of Rs.4500-125-7000/-. However, after absorption, his designation has been changed from Teacher to Assistant Teacher, citing the reason that he was initially appointed to the post of Librarian, and accordingly, he is now being paid the salary of Librarian (LB). 6. Considering the fact that the petitioner was appointed to the post of Teacher (Urban Body) and was being paid the corresponding pay-scale of Rs.4500-125-7000/-, the subsequent change in his designation to Librarian (LB) and the reduction of the pay-scale to Rs.. 3500-5200/- 4 appear to be illegal, arbitrary, and discriminatory. The respondents could not establish the fact that the petitioner was not appointed to the post of Teacher and he was not being paid the corresponding pay scale. The appointment order clearly reflects that he was appointed to the post of Teacher and not to the post of Librarian. Accordingly, this petition is allowed. 7. The respondent authorities are directed to restore the petitioner to the pay-scale applicable to the post of Teacher, as originally appointed. The arrears of salary shall be paid to the petitioner forthwith. The entire exercise shall be completed within a period of 120 days from the date of receipt of a copy of this order. Sd/- (Rakesh Mohan Pandey) Judge Nimmi