1 2025:CGHC:2583 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 340 of 2025 • Smt. Purni Baghel Wd/ O Late Lalit Kumar Baghel Aged About 57 Years R/o Village Ghotiya Tahsil And District - Jagdalpur (C.G.) ... Petitioner versus 1. State Of Chhattisgarh Through Its Secretary Department Of Scheduled Tribe And Scheduled Caste Development Mahanadi Bhawan Mantralaya Atal Nagar Naya Raipur District - Raipur (C.G.) 2. The Commissioner Scheduled Tribe And Sheduled Caste Development Block - D Ground Floor Indravati Bhawan Atal Nagar Raipur (C.G.) 3. The Assistant Commissioner Trible Welfare Department Kondagaon Tahsil And District - Kondagaon (C.G.) 4. The Chief Executive Officer Janpad Panchayat Makadi Kondagaon Tahsil And District - Kondagaon (C.G.) ... Respondents For Petitioner : Mr. R.S. Patel, Advocate For Respondents : Ms. Nupur Trivedi, Panel Lawyer Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 15/01/2025 Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.01.29 18:15:04 +0530 2 1. By way of this petition petitioner prays for following relief(s):- 10.1 This Hon’ble Court may kindly be pleased to issue a writ of mandamus and command/direct to the respondents to pay the monetary benefit of 1st, 2nd and 3rd Time Bound Higher Pay Scale to husband of the petitioner (including arrears) within a period 45 days, in the interest of justice. 10.2. Any other relief which Hon’ble Court deems fir & proper under the facts and circumstances may also be provided to petitioners. 2. Brief facts of the case are that, the husband of the petitioner was working as Circle Organized since 15.07.1982 and he has completed his 10 years of service on 15.07.1992, thereafter he has completed his 20 years of service on 15.07.2002. He has worked about 34 years of service and while he was working as Chief Executive Officer Janpad Panchyat Makdi, he died on 29.08.2016 during service period in spite of that the respondents authorities have not granted benefit of the 1st, 2nd and 3rd time bound higher pay scale (Kramonnati) Despite after completion of 34 years of service the respondent no.2 i.e., the Commissioner (Scheduled Tribe and Scheduled Caste Development Indrawati Bhawan Atal Nagar Nawa Raipur Chhattisgarh) has not given the benefit of said time bound Higher Pay Scale to the Husband of the petitioner, which is violation of Article 14 of the Constitution of India, 1950. 3. Learned counsel for the petitioner submits that the husband of the petitioner had joined the service on 15.07.1982 as Circle Organizer and has completed 10 years of service period as on 3 15.07.1992. Thereafter in continuation of service, he completed 20 years on 15.07.2002 and 30 years of service as on 15.07.2012, He had worked about 34 years of service he has completed his service on 15.07.2012 and he died on 29.08.2016 therefore, he was entitled for 1st, 2nd and 3rd consecutive time bound higher pay scales from as per the existing rules. Learned counsel submits that since the husband of the petitioner has not been granted time-bound higher pay-scale petitioner has already made a representation vide (Annexure P-2 and Annexure P-3) and for the time being, the said representation may be directed to be decided within a stipulated time. 4. Learned State Counsel would submit that they would decide the representation in accordance with law. 5. Considering the fact that the husband of the petitioner has already completed more than 30 years of service and petitioner has already filed representation (Annexure P-1 and P-2) for grant of time bound higher pay scales, it is observed that after consideration if the husband of petitioner is found entitled for the time-bound pay-scales as per the prevalent rules, the same ought to be considered and granted to the petitioner. Accordingly, it is directed that since the husband of the petitioner has already attained the age of 60 years and made representation (Annexure P-1 and P-2) to the Commissioner, Scheduled Tribes and Scheduled Castes Development, (respondent no.2 herein) for grant of same, the respondents are 4 directed to grant benefit of higher pay scale in respect of husband of the petitioner within 45 days from the date of receipt of copy of this order. The petitioner shall be at liberty to file copy of this order along-with copy of representation (Annexure P-1 and P-2) within a period of 2 weeks. 6. With the above observations, this writ petition stands disposed off. Sd/- (Amitendra Kishore Prasad) JUDGE vaishali