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2025 DAILYLAW 22230 (CHH)

NARSINGH NATH YOGI v. STATE OF CHHATTISGARH

WPS/3524/2025 · 2025-06-08

Shri Ravindra Kumar Agrawal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:22705 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3524 of 2025 1 - Narsingh Nath Yogi S/o Bholanath Yogi, Aged About 74 Years, A Retired Employee of Water Resource Department, R/o Gandhi Chawk, Ward No. 06, Arang, Post Arang, Tehsil Arang, District Raipur (C.G.) 2 - Jageshwar Prasad Fekar S/o Dina Nath Fekar, Aged About 59 Years, A Retired Employee of Water Resource Department, R/o Village Khairtar, Post Arjuni, Tehsil Balaudabazar, District Balaudabazar - Bhatapara (C.G.) 3 - Govind Narayan Tiwari S/o Kishore Lal Tiwari, Aged About 67 Years, A Retired Employee of Water Resource Department, R/o Akhra Chawk, Post Mandir Hasaud, Tehsil Raipur, District Raipur (C.G.) 4 - Dashrath Lal Verma S/o Parsadi Ram Verma, Aged About 73 Years. A Retired Employee of Water Resource Department, R/o Village Chhadiya, Post Kharora, Tehsil Kharora, District Raipur (C.G.) 5 - Budheshwar Prasad Verma S/o Lakhan Lal Verma, Aged About 64 Years, A Retired Employee of Water Resource Department, R/o Tilda, Near Teachers Colony Karamchari Bhawan, Tilda, Post Tilda Neora, Tehsil Tilda Neora, District Raipur (C.G.) 6 - Amreeka Bai Verma (Legal Heir) W/o Shrawan Kumar Verma, Aged About 65 Years, A Retired Employee of Water Resource Department, R/o Village Badgaon, Post Godi, Tehsil Arang, District Raipur (C.G.) 7 - Rajkumar Dron S/o Rajaram Dron, Aged About 74 Years, A Retired Employee of Water Resource Department, R/o Village Devkar, Post Devkar, Tehsil Saja, District Bemetara (C.G.) 8 - Ramsingh Rajput S/o Jailal Singh, Aged About 64 Years, A Retired Employee of Water Resource Department, R/o Village Bemetara, Near Pond, Post Bemetara, Tehsil Bemetara, District Bemetara (C.G.) Digitally signed by MOHAMMAD AADIL KHAN 2 9 - Kamal Narayan Nayak S/o Raisingh Nayak, Aged About 67 Years, A Retired Employee of Water Resource Department, R/o Village Kodwa, Post Madhi, Tehsil Kharora, District Raipur (C.G.) 10 - Hirderam Baghele S/o Chaitram Baghele, Aged About 69 Years, A Retired Employee of Water Resource Department, R/o Village Gunai, Post Ghoti, Tehsil Khairloji, District Balaghat (M.P.) 11 - Ram Kumar Verma S/o Ramanath Verma, Aged About 66 Years, A Retired Employee of Water Resource Department, R/o Village Konari, Post Chhataud, Tehsil Neora Tilda, District Raipur (C.G.) 12 - Nand Kumar Verma S/o Salikram Verma, Aged About 66 Years, A Retired Employee of Water Resource Department, R/o Village Khartora, Post Sandi, Tehsil Palari, District Balaudabazar-Bhatapara (C.G.) 13 - Udayram Kashyap S/o Late Loknath Kashyap, Aged About 69 Years, A Retired Employee of Water Resource Department, R/o Ward No. 22, Sangam Chawk, Charoda, B M Y Charoda, Post Bhilai, Tehsil Bhilai, District Durg (C.G.) 14 - Uttra Kumar Pathak S/o Late Laxman Prasad Pathak, Aged About 70 Years, A Retired Employee of Water Resource Department, R/o Ratan Chawk, Near Water Tank Bhilai 3, Ward No. 01, Bhilai Charoda, Post Bhilai, Tehsil Durg, District Durg (C.G.) 15 - Rajendra Kumar Agrawal S/o Baldev Prasad Agrawal, Aged About 65 Years, A Retired Employee of Water Resource Department, R/o Baniyapara Mahamaya Mandir Chawk, Dhamdha, Post Dhamdha, Tehsil Dhamdha, District Durg (C.G.) 16 - Yar Mohammad Kuraishi S/o Fatte Mohammad Kuraishi, Aged About 64 Years, A Retired Employee of Water Resource Department, R/o Ward No. 01, Musalmanpara, Dhamdha, Post Dhamdha, Tehsil Dhamdha, District Durg (C.G.) 17 - Shatruhan Prasad Joshi S/o Durga Prasad Joshi, Aged About 67 Years, A Retired Employee of Water Resource Department, R/o Brahmanpara Dhamdha, Post Dhamdha, Tehsil Dhamdha, District Durg (C.G.) 18 - Chandrakumar Tiwari S/o Netram Tiwari, Aged About 72 Years, A Retired Employee of Water Resource Department, R/o Ward No. 01, Bazarpara Near Water Tank, Post Dhamdha, Tehsil Dhamdha, District Durg (C.G.) 3 19 - Laxman Prasad Dewangan S/o Bahoran Dewangan, Aged About 71 Years, A Retired Employee of Water Resource Department, R/o Village Pachri, Post Kathiya, Tehsil Kharora, District Raipur (C.G.) ... Petitioners 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 - The Executive Engineer, Mahanadi Jalashaya Pariyojna, Phase II Work Division, Raipur, Dist. Raipur (C.G.) 6 - The Executive Engineer, Water Resource Division, Raipur, Dist. Raipur (C.G.) 7 - The Executive Engineer, Tandula Water Resource Division, Durg, Dist. Durg (C.G.) 8 - The Executive Engineer, Water Resource Division, Bemetara, Dist. Bemetara (C.G.) 9 - The Executive Engineer, Mahanadi Jalashaya Pariyojna, Disnet Division No. 03, Tilda, Dist. Raipur (C.G.) 10 - The Executive Engineer, Water Management Division No. 02, Balaudabazar, Dist. Balaudabazar-Bhatapara (C.G.) 11 - The Executive Engineer, Water Resource Division, Mahasamund, Dist. Mahasamund (C.G.) 12 - Director Hydro Meteorological Division No. 04, Raipur, Dist. Raipur (C.G.) ... Respondents (Cause-title taken from Case Information System) 4 For Petitioners : Mr. Anand Kumar Kujur, Advocate. For State/Respondents : Mr. Suyash Dhar, Deputy Govt. Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 09-06-2025 Heard. 1. The petitioners have filed this petition seeking the following relief(s):- “(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. (vi) 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. 5 (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 State Administrative Tribunal, Gwalior Bench in Laxmi Narayan Upadhyay v. State of M.P., however, he 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 6 a certified copy of this order. 5. With the aforesaid observation and direction, the writ petition stands finally disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Aadil