1 2025:CGHC:21181 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3358 of 2025 1 Bhojram Nayak S/o Shatruhan Lal Nayak Aged About 67 Years A Retired Employee Of Water Resource Department, R/o Village Amdi, Post Parsada, Tehsil Abhanpur, District Raipur (C.G.) 2 Sevak Ram Nishad S/o Parasram Nishad Aged About 66 Years A Retired Employee Of Water Resource Department, R/o Village Konka, Post Araonda, Tehsil Dhamdha, District Durg (C.G.) 3 Nandkumar Sahu S/o Ramu Ram Sahu Aged About 67 Years A Retired Employee Of Water Resource Department, R/o Village Parsoda, Post B Jamgaon, Tehsil Balod, District Balod (C.G.) 4 Mahendra Singh Chandel S/o Bhavsingh Aged About 65 Years A Retired Employee Of Water Resource Department, R/o Village Tendubhata, Post Rajnandgaon, Tehsil Rajnandgaon, District Rajnandgaon (C.G.) 5 Vikram Pratap Thakur S/o Bharatlal Thakur Aged About 68 Years A Retired Employee Of Water Resource Department, R/o Ward No. 14, Bajrang Chawk, Post Kasdol, Tehsil Kasdol, District Balaudabazar- Bhatapara (C.G.) 6 Komal Prasad Chandrakar S/o Sevaram Chandrakar Aged About 67 JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.05.09 11:25:05 +0530 2 Years A Retired Employee Of Water Resource Department, R/o Iraguda, Post Sinkosa, Tehsil Gunderdehi,, District Balod (C.G.) 7 Yadav Ram Nirmal S/o Amar Singh Nirmal Aged About 66 Years A Retired Employee Of Water Resource Department, R/o Village Bharda, Post Tatenga, Tehsil Dondilohara, District Balod (C.G.) 8 Bharatlal Sahu S/o Bhagat Ram Sahu Aged About 64 Years A Retired Employee Of Water Resource Department, R/o Village Ranchirai, Post Ranchirai, Tehsil Gunderdehi, District Balod (C.G.) 9 Bala Ram Sinha S/o Shambhu Ram Sinha Aged About 62 Years A Retired Employee Of Water Resource Department, R/o Village Karkabhat, Post Sorar, Tehsil Balod, District Balod (C.G.) 10 Gopeshwar Sharma S/o Onkar Prasad Sharma Aged About 64 Years A Retired Employee Of Water Resource Department, R/o Village Bhatgaon, Post Bhatgaon, Tehsil Dhamtari, District Dhamtari (C.G.) 11 Shivprasad Vishwakarma S/o Manuram Vishwakarma Aged About 66 Years A Retired Employee Of Water Resource Department, R/o Village Kasdol, Post Kasdol, Tehsil Kadol, District Balaudabazar- Bhatapara (C.G.) 12 Onkar Lal Janghel S/o Hariram Jhanghel Aged About 67 Years A Retired Employee Of Water Resource Department, R/o Bajrangpur, Nawagaon, Sheetla Mandir Ke Pas, Ward No. 01, Rajnandgaon, Post Rajnandgaon, Tehsil Rajnandgaon, District Rajnandgaon (C.G.) 13 Punitram Verma S/o Puranlal Verma Aged About 67 Years A Retired Employee Of Water Resource Department, R/o Village Dondekala, Post Dondekala, Tehsil Raipur, District Raipur (C.G.) 3 14 Smt. Sumitra (Legal Heir) W/o Late Bhagirathi Shrivash Aged About 53 Years The Widow Of Employee Of Water Resource Department, R/o Village Jondhra, Post Jondhra Tehsil Masturi, District Bilaspur (C.G.) 15 Ramsevak Shrivas S/o Kaushal Prasad Shrivas Aged About 68 Years Presently An Employee Of Water Resource Department, R/o Village Sale, Post Sale, Tehsil Kasdol, District Balaudabazar-Bhatapara (C.G.) 16 Vedram Sahu S/o Punitram Sahu Aged About 67 Years Presently An Employee Of Water Resource Department, R/o Village Beltukari, Post Beltukri, Tehsil Rajim, District Gariyaband (C.G.) 17 Janak Ram Sen S/o Ramji Sen Aged About 68 Years Presently An Employee Of Water Resource Department, R/o Village Sahaspur, Post Tarighat, Tehsil Rajim, District Gariyaband (C.G.) 18 Kewal Kumar Sahu S/o Punitram Sahu Aged About 67 Years Presently An Employee Of Water Resource Department, R/o Village Basin, Post Basin, Tehsil Rajim, District Gariyaband (C.G.) 19 Virendra Kumar Soni S/o Mathura Prasad Soni Aged About 64 Years Presently An Employee Of Water Resource Department, R/o Village Arjuni, Post Arjuni, Tehsil Balaudabazar, District Balaudabazar- Bhatapara (C.G.) 20 Nand Kumar Bhaskar S/o Jagturam Bhaskar Aged About 67 Years A Retired Employee Of Water Resource Department, R/o Village Pikridih, Post Ganyari, Tehsil Kharora, District Raipur (C.G.) 21 Rakesh Kumar Soni S/o Ramdayal Soni Aged About 65 Years A Retired Employee Of Water Resource Department, R/o Village 4 Bhatapara, Post Bhatapara, Tehsil Bhatapara, District Balaudabazar- Bhatapara (C.G.) ... Petitioner(s) versus 1 State Of Chhattisgarh Through The Chief Secretary, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Dist. Raipur (C.G.) 2 State Of Chhattisgarh Through The Secretary, General Administration Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Dist. Raipur (C.G.) 3 State Of Chhattisgarh Through The Secretary, Water Resource Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Dist. Raipur (C.G.) 4 State Of Chhattisgarh Through The Secretary, Department Of Finance, Accounts And Treasury, Govt. Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Dist. Raipur (C.G.) 5 Director Hydro Meteorological Division No. 04, Raipur, Dist. Raipur (C.G.) 6 The Executive Engineer Mahanadi Jalashay Pariyojna, Disnet Division No. 03, Tilda, District Raipur (C.G.) ... Respondent(s) For Petitioner(s) : Shri Anand Kumar Kujur, Advocate For Respondent/ State : Ms. Neeta Tulsani, P.L. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 08/05/2025 5 Heard. 1. The petitioners have filled, this petition seeking the following reliefs:- (I) That this Hon'ble Court may kindly be pleased to call for all the records pertaining to the case. (ii) That, this Hon'ble Court may kindly be pleased to issue writ/order/direction to the respondent authorities to grant the benefits of higher pay scale to the in service petitioners, revise the pension of the retired petitioners as per the Gazette Notification dated 14.10.1982. (iii) That, this Hon'ble Court may kindly be pleased to issue writ/order/direction to the respondent authorities to pay arrears of salary and pension to the petitioners. (iv) That, this Hon'ble Court may kindly be pleased to issue writ/order/direction to the respondent authorities to remove the anomaly occurred in the service of the petitioners. (v) That, this Hon'ble Court may kindly be pleased to issue writ/order/direction similar to the order passed on 18.07.2024, in WPS No. 6355/2014, and order dated 13.11.2024 passed in WPS No. 7312/2024 directing the respondent authorities to consider and decide the fresh representation in the light of the gazette notification dated 14.10.1982 expeditiously preferably 6 within a period of six months from the date of receipt/production of a certified copy of this order. (vi) That any other relief/order which may be deem fit and just in the facts and circumstances of the case may kindly be granted. 2. Learned counsel appearing for the petitioners submitted that in similarly situated facts and the question of law, a batch of the writ petition, the leading case of which was Writ Petition (S) No. 2904 of 2005 [Dwarikadas Vaishnav & another Vs. State of Madhya Pradesh (now Chhattisgarh) and others] has been considered and decided by the Coordinate Bench of this Court vide order dated 05.12.2012, in which, the petitioners, in those cases, have been granted liberty to file a fresh representation before competent authority, therefore, this petition may also be disposed of in light of that order directing the respondents-Competent Authority to consider the case of the petitioners for revision of their pay scale in accordance with the Notification dated 14.10.1992 (which was modified subsequently as 14.10.1982) issued by State of Madhya Pradesh, as the petitioners were earlier working as daily wage employees and subsequently, their services were regularized. 3. Learned counsel appearing for the State/respondents would submit that earlier the respondent/State had already considered the issue of the petitioners in the light of the judgment passed by 7 State Administrative Tribunal, Gwalior Bench in Laxmi Narayan Upadhyay v.State of M.P., however, she submits that if the petitioners file a fresh representation, the State will consider their case in light of the notification as mentioned herein above. 4. In view of the above submissions made by the parties, this petition is disposed of. If the petitioners file a fresh representation before the competent authority, the same shall be considered and decided by the competent authority in light of the aforesaid notification expeditiously preferably within a period of six months from the date of receipt/production of a certified copy of this order. 5. With the aforesaid observation, the writ petition is disposed off. Sd/- (Bibhu Datta Guru) JUDGE Jyoti