-1- 2025:CGHC:6347 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4598 of 2018 A.K. Tiwari S/o Late Dr. B. P. Tiwari Aged About 63 Years R/o C-105, Samta Colony Raipur, District Raipur, Chhattisgarh. ... Petitioner versus 1- State Of Chhattisgarh Through The Secretary, Deptt. Of General Administration, Capital Complex, New Raipur P. S. Rakhi, New Raipur, Chhattisgarh. 2- Under Secretary, Deptt. Of General Administration Capital Complex, New Raipur, P. S. Rakhi, New Raipur, Chhattisgarh. 3- M. R. Thakur (Deleted) As Per Hon'ble Court Order Dated 04-02-2025 4- Joint Director Kosh, Lekha And Pension, Ghadi Chowk, Raipur, District Raipur, Chhattisgarh. ... Respondent(s) For Petitioner : Mr. Sudeep Johri, Advocate For State : Mr. Vinay Pandey, Deputy Advocate General Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 04.02.2025 1) The petitioner has filed this petition seeking the following relief(s):- “10.1. That the Hon'ble Court may be kind enough to call the record of the petitioner. 2.That the Hon'ble Court may be kind enough to quash the impugned order Annexure P-1 & P-2 and may be kind enough to issue a writ of mandamus to command the -2- respondents to fix the salary as per Rules and fixed the gradation from the date of order i.e. 10-11-2010. 3. That the Hon'ble Court may be kind enough to pass any appropriate writ, order or direction to the respondents to pay the monetary benefits attached to the post from the date of retirement of the petitioner. 4.That the Hon'ble Court may be kind enough to command the respondents to reimbursed Rs. 1,08,396/- to the petitioner with interest. 5.That the Hon'ble Court may be kind enough to pass any appropriate writ, order or direction in the circumstances of the case.” 2) Brief facts of the present case are as under:- A. Initially, the petitioner was appointed to the post of Clerk in the revenue department. Thereafter, he was selected to the post of Tehsildar and vide order dated 10.11.2010, his name was recommended for promotion to the post of Deputy Collector. It was observed in the order of promotion that the petitioner would be entitled to get monetary benefit from the date he assuumes charge. B. The petitioner got retired from services on 30.04.2017. Prior to the date of his retirement, on 01.04.2017, in the gradation list, the date of joining in the cadre was mentioned as 07.06.2011, the date on which the petitioner assumed charge of Deputy Collector. 3) Mr. Sudeep Johri, learned counsel appearing for the petitioner would submit that according to the Rules, the petitioner was entitled to get senior pay scale after the completion of 5 years of service in the cadre. He would contend that as the order of promotion was issued on 10.11.2010, the petitioner became entitled to get senior pay scale immediately after the completion of service on the said -3- post, but the respondent authorities vide order dated 25.05.2017 rejected the claim on the ground that the petitioner entered in the cadre on 07.06.2011 i.e. the date of joining. He would refer to Rules 12(1)(a) & (b) of the Chhattisgarh Civil Services (General Conditions of Services) Rules, 1961. 4) On the other Mr. Vinay Pandey, learned Deputy Advocate General would oppose the submissions made by Mr. Johri and submit that the date of joining would be relevant. He would further submit that according to the order dated 10.11.2010; the petitioner would be entitled to get all monetary benefits from the date he assumed the charge on the post of Deputy Collector. He would also submit that the respondent authorities have passed the order strictly in accordance with law keeping in mind the applicable Rules. He would contend that this petition deserves to be dismissed. 5) Heard learned counsel for the parties and perused the documents placed on the file. 6) Vide Annexure P/5, dated 15.04.2011, the petitioner was promoted to the post of Deputy Collector from 10.11.2010, this order states that the petitioner would be entitled to get monetary benefits from the date he assumes charge. The petitioner got retired from the services on 30.04.2017. The gradation list published on 01.04.2017 would show that the petitioner entered the cadre on 07.06.2011, the date on which the petitioner took charge of the Deputy Collector. 7) Rules 12(1)(a) & (b) of the Chhattisgarh Civil Services (General Conditions of -4- Services) Rules, 1961, are reproduced herein below:- “12. [ Seniority. [Substituted by Notification No. F-C-3-84-92- 3-I, dated 2nd April, 1998.]- The seniority of the members of a service or a distinct branch or group of posts of that service shall be determined in accordance with the following principles, viz.,- (1) Seniority of Direct Recruits and Promotees. - (a) The seniority of persons directly appointed to a post according to rules shall be determined on the basis of the order of merit in which they are recommended for appointment irrespective of the date of joining. Persons appointed as a result of an earlier selection shall be senior to those appointed as a result of a subsequent selection. (b)Where promotions are made on the basis of selection by a Departmental Promotion Committee, the seniority of such promotees shall be in the order in which they are recommended for such promotion by the committee. 8) From a bare reading of this provision, it is clear that the date of the order of promotion would be relevant to consider the seniority of a government servant. Respondent No.1 while rejecting the representation made by the petitioner observed that the date of joining would be relevant and the claim of the petitioner was rejected on the ground that he assumed the charge of Deputy Collector on 07.06.2011. In my opinion, the reason assigned by respondent No.1 appears to be erroneous and contrary to the provisions of Rules 12(1) (a)& (b) of the Rules, 1961, therefore, the order dated 25.05.2017 (Annexure P/1) is not sustainable in the eyes of law, and the same is liable to be and is hereby quashed. Accordingly, this petition is allowed in part. 9) The respondent authorities are directed to consider the claim of the petitioner -5- for the grant of senior pay scale strictly in accordance with law. As the petitioner is a government servant, the respondent authorities are directed to complete the entire exercise preferably within a period of 120 days from the date of receipt of a copy of this order. sd/- (Rakesh Mohan Pandey) Judge Nadim