1 2025:CGHC:21182 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3404 of 2025 1 Vikram Singh Sahu S/o Aghnuram Sahu Aged About 71 Years A Retired Employee Of Public Works Department R/o Village Temri, Post Surpa, Tehsil Patan, District Durg (C.G.) 2 Pushkar Singh S/o Ganesh Singh Aged About 58 Years Working As Field Assistant In The Dept Of Pwd R/o Village Jhalmala, Post Jhalmala, Tehsil Balod, District Balod (C.G.) 3 Pilaram Sahare S/o Sukalu Sahare Aged About 54 Years Working As Field Assistant In The Dept Of Pwd R/o Village Maharajpur, Post Pinkapara, Tehsil Dondilohara, District Balod (C.G.) 4 Dewal Singh Baghel S/o Ramcharan Baghel Aged About 61 Years Working As Field Assistant In The Dept Of Pwd R/o Village Sikosa, Post Sikosa, Tehsil Gunderdehi, District Balod (C.G.) 5 Damanlal Sahu S/o Late Vishram Singh Sahu Aged About 52 Years Working As Field Assistant In The Dept Of Pwd R/o Village Kanwarpara, Post Kachnandur, Tehsil Gunderdehi, District Balod (C.G.) 6 Vivek Kumar Patel S/o Late Kishanlal Patel Aged About 40 Years Working As Field Assistant In The Dept Of Pwd R/o Village Chichbod, JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.05.09 11:25:00 +0530 2 Post Belmand, Tehsil Balod, District Balod (C.G.) 7 Devendra Dhurandhar S/o Gendlal Aged About 67 Years A Retired Employee Of Public Works Department, R/o Village Khamhariya, Post Khamhariya, Tehsil Patan, District Durg (C.G.) 8 Firantalal Nirmalkar S/o Mehtar Nirmalkar Aged About 68 Years A Retired Employee Of Public Works Department, R/o Village Loharsi, Post Tarra, Tehsil Patan, District Durg (C.G.) 9 Manharan Lal Verma S/o Chintaram Verma Aged About 70 Years A Retired Employee Of Public Works Department, R/o Kabir Kuti Gali, Urla, B M Y Ward No. 27, Post Urla, Tehsil Bhilai, District Durg (C.G.) 10 Jamuna Bai Sahu (Legal Heir) W/o Late Vishram Singh Sahu Aged About 67 Years The Widow Of Work Charged Employee, R/o Village Kanwarpara, Post Kachnandur, Tehsil Gunderdehi, District Balod (C.G.) 11 Heerasingh Patel S/o Hariram Aged About 61 Years Working As Field Assistant In The Dept Of Pwd R/o Village Angari, Post Belmand, Tehsil Balod, District Balod (C.G.) 12 Balbhadra Singh Rajput S/o Chitra Bhan Singh Rajput Aged About 79 Years A Retired Employee Of Public Works Department, R/o New Adarsh Nagar, Infront Of Pandit Niwas, Shetal Niwas, Gali No. 01, Durg, Post Durg, Tehsil Durg, District Durg (C.G.) ... Petitioner(s) versus 1 State Of Chhattisgarh Through The Chief Secretary, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Dist. Raipur (C.G.) 3 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, Public Works 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 The Executive Engineer Public Works Department, Balod Division, Dist. Balod C.G. 6 The Executive Engineer Public Works Department, Division No. 01, Durg, Dist. Durg, C.G. ... Respondent(s) For Petitioner(s) : Shri Anand Kumar Kujur, Advocate For Respondent/ State : Shri Ajit Singh, G.A. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 08/05/2025 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. 4 (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 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 5 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 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 6 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