Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:14499
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2825 of 2024 1 - Smt. Membai Chouhan W/o Late Shivram Prasad Chouhan Aged About 62 Years R/o Lig 197, Shivaji Nagar, Korba, Chhattisgarh.
Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Dept., Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, Raipur, Chhattisgarh. 2 - Collector And District Magistrate Distt - Korba, Chhattisgarh. 3 - Accountant General Chhattisgarh, Zero Point, Baloda Bazar Road, Post Office - Vidhan Sabha, Distt - Raipur, Chhattisgarh. 4 - Tahsildar And Executive Magistrate Teh And Distt - Korba, Chhattisgarh.
Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. Hemant Kesharwani, Advocate For State : Mr. Risabh Bisen, PL (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 26/03/2025
1. The Petitioner is a widow of Late Shivram Prasad Chouhan, Ex-Govt. Employee, who was posted as Peon (Class-IV) in the office of Tahsil Korba and died during his employment in a road accident on 03/11/2011.
2. By the present Writ Petition, she is seeking a direction towards the RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.03.26 17:01:24 +0530
2 respondents’ authorities to release the benefit of two time pay scale in the family pension along with pending arrears, despite of making several representations by her to the respondents’ authorities.
3.
Learned counsel for the petitioner submits that the Collector, Korba vide
order dated 05/04/2021 (Annexure-P/4) has granted time pay scale to the petitioner’s husband under the Chhattisgarh Revised Pay Scale Rules, 2009 & 2017. The name of the petitioner’s husband has been mentioned at serial No. 24 in the said order filed along with the petition at page no.
21. He would submit that inspite of making several representations during the period from 13/07/2019 to 04/03/2024 for grant of time pay scale, till date no decision has been taken on the representations.
4.
Learned counsel for the State, on instructions, would submit that if the petitioner prefers a fresh representations before the Collector, Korba raising all the grievances made herein, the same shall be considered in accordance with law and after taking into consideration the order dated 05/04/2021 passed by the Collector, Korba, wherein revision of pay scale has been sanctioned to the petitioner’s husband.
5. I have heard learned counsel for the parties and perused the pleadings.
6. From perusal of the pleadings, it appears that revision of the pay scale of the petitioner’s husband has been sanctioned vide order dated 05/04/2021 passed by the Collector, Korba, wherein the name of the petitioner's husband has been shown at Serial No. 24. It is also apparent from the pleadings that the petitioner has made several representations during the period from 13/07/2019 to 04/03/2024 before the authority
3 concerned, but till date no decision has been taken on the representations.
7. In view of the above and looking to the submission made by the counsel for the State, this Writ Petition is disposed of with a liberty to the petitioner to approach before the Collector by filing a fresh representation raising all the grounds made herein and in case of filing fresh representation by the petitioner, the Collector is directed to consider the same in accordance with law and shall decide the same by keeping in mind the order dated 05/04/2021, within a further period of 25 days from the date of receipt of the representation to be filed by the petitioner. The Petitioner is at liberty to apprize the Collector about the
order passed by this Court.
8. With the aforesaid liberty/direction, the Writ Petition stands disposed of.
Sd/- (BIBHU DATTA GURU)
JUDGE Rahul