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2025 DAILYLAW 15097 (CHH)

CHATTO RAM v. STATE OF CHHATTISGARH

WPS/2465/2019 · 2025-07-13

Shri Naresh Kumar Chandravanshi

body2025

Judgment text

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1 2025:CGHC:32484 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2465 of 2019 1 - Chatto Ram S/o Bandhan Aged About 67 Years Retired Gangman In The Office Of Sub Divisional Officer, Public Works Department , Sub Division Kusmi, District Balrampur- Ramanujganj Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur Chhattisgarh. 2 - Engineer In Chief Public Works Department, Raipur, District Raipur Chhattisgarh. 3 - Chief Engineer Public Works Department, Bilaspur, District Bilaspur Chhattisgarh. 4 - Superintendent Engineer Public Works Department, Ambikapur, Division Ambikapur, District Surguja Chhattisgarh. 5 - Sub Divisional Officer Public Works Department, Sub Division Kusmi, District Balrampur- Ramanujganj Chhattisgarh. ... Respondents (Cause title, as taken from CIS) For Petitioner : Mr. C. Jayant K. Rao, Advocate For State/Respondents : Mr. Rajeev Bharat, Govt. Advocate. (Hon’ble Shri Justice Naresh Kumar Chandravanshi ) Order on Board 14/07/2025 1. Heard. 2. The petitioner has preferred this writ petition under Article 226 of the Constitution of India seeking following reliefs:- 2 “10.1 That, this Hon’ble Court may kindly be pleased to allow the writ petition and be pleased to make an order to allow the petitioner to grant regular pay scale under the contingency services immediately on completion of 3 years services from the initial date of appointment and direction be given to the respondent department to allow the petitioner to be given to difference of pay and all the benefits on the basis of equal pay for equal work. 10.2 That, this Hon’ble Court may kindly be pleased to grant any other relief as it may deems fit and appropriate.” 3. Learned counsel for the petitioner would submit that the petitioner was appointed as ‘daily wage employee’ in the year 1990 and his service was regularized as work charged/contingency paid employee in the year 2008. He has been granted regular pay scale of work charged/contingency paid employee since 2008 onwards, whereas as per the Circular (Annexure-P/3) dated 15.12.1992, he is entitled for regular pay scale after completion of three years of service as daily wage employee. He would further submit that in similarly situated WP(S) No.3195/2018, the Co-ordinate Bench has disposed of aforesaid writ petition vide order dated 20.04.2018 granting liberty to the petitioner to file fresh representation for redressal of his grievance. In furtherance of that order, the petitioner of that case namely; Shobhnath Chand had filed representation, which was allowed by the District Education Officer, District Jashpur (CG) vide order dated 28.09.2018 (Annexure-P/6). He further submitted that case of the petitioner is similar to that case, therefore, this petition may be disposed of granting liberty to the petitioner to file representation 3 before respondents No.4 & 5 for redressal of his grievance. 4. Learned State counsel would submit that if petitioner files fresh representation, then it shall be considered and decided in accordance with law/rule/circular applicable to the petitioner. 5. Having considered the limited prayer of counsel for the petitioner, this petition stands disposed of granting liberty to the petitioner to file fresh representation before respondents No.4 & 5 along with all relevant documents in this regard giving benefit to similarly placed persons and on such representation being made, respondents No.4 & 5 shall dispose of the same, within a period of 90 days from the date of receipt of the representation. 6. It is made clear that this Court has not expressed any opinion so far as the entitlement of the petitioner is concerned. The Authorities shall be free to take a decision purely in accordance with law/circular governing the fields. 7. No order as to costs. Sd/- (Naresh Kumar Chandravanshi) Judge Rukhsar RUKHSAR BANO Digitally signed by RUKHSAR BANO Date: 2025.07.15 15:35:31 +0530