1 2025:CGHC:7810 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3811 of 2024 1 - Dr. (Mrs). Shipra Banerjee W/o Shri Ashok Banerjee, Aged About 58 Years, Occupation, Service, Assistant Professor in Govt. D.B. Girls PG College, Raipur, R/o I-13, Anupam Nagar, Raipur, Chhattisgarh. 2 - Dr. ( Mrs.) Mona Jain W/o Mr. Anil Jain, Aged About 57 Years Occupation- Service, Assistant Professor In J.Y. Chhattisgarh College, Raipur, R/o C-253, Guruteg Bahadur Nagar, Raipur Chhattisgarh. 3 - Dr. (Mrs.) Aruna Sharma, W/o Dr. Ashok Sharma, Aged About 60 Years Occupation- Service, Assistant Professor In J.Y. Chhattisgarh College, Raipur, R/o A-1, L-1, Rohinipuram, Nagar, Raipur Chhattisgarh. 4 - Dr. ( Mrs.) Rajani Yadu, W/o - Dr. Ramanand Yadu Aged About 60 Years Occupation- Service, Assistant Professor In J.Y. Chhattisgarh College, Raipur, R/o 30/219, Brahman Para, Raipur Chhattisgarh. 5 - Dr. ( Mrs.) Alka Verma W/o Shri Chandrashekhar Verma Aged About 56 Years Occupation- Service, Assistant Professor In D.B. Cirls Pg College, Raipur, R/o 54/1031 Shanti Vihar Colony Danganiya, Raipur Chhattisgarh. 6 - Dr. ( Mrs.) Krishna Chatterjee, W/o- Mr. Amit Kumar Chatterjee Aged About 64 Years Occupation- Service, Assistant Professor In, V.Y.T. Pg Autonomous College, Durg R/o Block No. 20 Plot No. 3, Nehru Nagar ( East), Bhilai, Durg Chhattisgarh. 7 - Shri M.S. Verma S/o Mr. B.S. Verma Aged About 63 Years Occupation- Service. Assistatnt Professor In Govt. Naveen College, Chirco, Mahasamund, R/o Mig Senior, House No. 33, Housing Board Colony, Mchewa, Mahasamund Chhattisgrh. Digitally signed by GOPAL SINGH Date: 2025.02.28 11:05:13 +0530 2 8 - Dr. Umesh Prasad Sharma. S/o Mr. Shyam Deo Singh Aged About 63 Years Occupation- Service, Assistant Professor In Govt R.M.D. Girls Pg College, Ambikapur, Surguja, R/o Behind Tiwari Building, Kedarpur, Ambikapur Chhattisgarh. 9 - Dr. (Mrs.) Priti Bala Taunk, Mr. Pradeep Taunk, Aged About 59 Years Occupation- Service, Assistant Professor In Govt. Digvijay Pg Atunonomous College, Rajnandgaon, R/o Behind Mundra Kunj, Ge Road, Rajnandgaon Chhattisgarh. 10 - Shri Suresh Babu, S/o Mr. D.H. Rao Aged About 62 Years Occupation - Service, Assistant Professor In Govt. Naveen College, Konta R/o Govt. Naveen College, Konta Sukma Chhattisgarh. 11 - Dr. ( Mrs.) Sushma Tiwari W/o- Mr. Y.K. Tiwari Aged About 64 Years Occupation - Service, Assistant Professor In Govt. Kamladevi Rathi Mahila Mahavidyalaya, Rajnandgaon, R/o Behind Adiwasi Hostel Kaurin Bhanta, Rajnandgaon Chhattisgarh. 12 - Dr. (Mrs.) Vandana Kumar W/o Shri Sanjay Kumar Aged About 59 Years Occupation- Service, Assistant Professor In Government New College, Gudhiyari, Tehsil And District Raipur, Chhattisgarh, R/o. L/q - 17, Science College Awasiya Parisar, In Front Of Shiv Mandir, Tehsil And District Raipur, Chhattisgarh. ... Petitioners versus 1 - The State of Chhattisgarh Through- Secretary to The Government of Chhattisgarh, Secretariat, Department of Higher Education, Mahanadi Mantralaya, Atal Nagar, Naya Raipur, District- Raipur, Chhattisgarh. 2 - The Principal Secretary to The Government of Chhattisgarh, Department of General Administration, Secretariat, Mahanadi Mantralaya, Naya Raipur District- Raipur Chhattisgarh. 3 - The Principal Secretary to The Government of Chhattisgarh, Department of Finance, Secretariat, Mahanadi Manatralaya, Naya Raipur, District- Raipur Chhattisgarh. 4 - The Commissioner, Department of Higher Education, Government of Chhattisgarh, Block-3, Indrawati Bhavan, Naya Raipur, District- Raipur, Chhattisgarh. ... Respondents (Cause title is taken from Case Information System) 3 For Petitioners : Shri L.C. Patne, Advocate appears through video conferencing and Ms. Vidhi Agrawal, Advocate For State/Respondents : Shri Abhishek Gupta, Panel Lawyer Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 13/02/2025 1. The petitioners are aggrieved by inaction on the part of the respondents in not extending them the benefit of counting of services from the date of initial appointment for the purpose of conferral of monetary benefits including senior grade pay scale, selection grade pay scale and benefit of pay band IV by taking into account the services rendered by them as emergency appointees before being allegedly regularized by the Respondents on the post of Assistant Professor in their respective subjects whereas the similar controversy has been resolved earlier by the High Court of Madhya Pradesh, Principal Seat at Jabalpur in the case of Dr. Ramesh Chandra Dixit v. State of MP and others, [2012 (3) MPHT 86], as affirmed by a Division Bench of the High Court of Madhya Pradesh, Principal Seat at Jabalpur in the case of State of MP and others v. Dr. Ramesh Chandra Dixit and others [2013 (IV) MPJR 123] and further affirmed by the Hon'ble Supreme Court in Special Leave Petition (Civil) No.30492/2013 decided on 18.02.2015 and further re-affirmed in the Review Petition (Civil) No.1348/2015 decided on 13.05.2015. Not only this, even this Court in the case of Dr. Phool Das Mahant v. State of Chhattisgarh & Others [WPS No.785/2015, decided on 22.9.2015] as affirmed by a Division Bench of this Court in W.A. No. 509/2016, decided on 18.4.2017 and further by the Hon'ble Supreme Court in SLP (C) - Diary No. 1507/2020, decided on 27.1.2020 as also in RP No. 1233/2020, decided on 14.7.2020. Moreover, the similar controversy has also been resolved in the 4 case of Dr. Deepak Kumar Shukla and others v. State of Chhattisgarh and others [WPS No. 8375/2018, decided on 6.1.2023] read with REVP No. 16/2023, decided on 9.2.2023 and as affirmed by a Division Bench of this Court in W.A. No. 254/2023, decided on 7.7.2023 and further by the Hon'ble Supreme Court in SLP(C) No. 21126/2023, decided on 28.11.2023. Hence, this petition. 2. By this petition, the petitioners seek the following reliefs: “This Hon'ble Court may graciously be pleased :- (a) to call for the relevant records of the case from the respondents; (b) to command the respondents to grant the petitioners benefit of senior grade pay scale of Rs.3000-5000 (revised to Rs.10000-15200), selection grade pay scale of Rs.3700-5700 (revised to Rs.12000-18300 and benefit of Pay Band -IV ie. in the placement of pay scale of Rs.37400-67000 + Rs.9000 AGP by counting their services from the dates of their initial appointment on emergency basis and re-fix the pay of the petitioners accordingly and to release arrears thereof along with interest at the rate of 12% per annum by a writ of MANDAMUS or any other appropriate writ, direction or order; (c) to allow this petition with costs; (d) to pass such other order(s) as may be deemed appropriate in the facts and circumstances of the case, to grant relief to the petitioner.” 3. Learned counsel appearing for the petitioners submits that the similar controversy has already been resolved by this Court in the case of Dr. Deepak Kumar Shukla and others v. State of Chhattisgarh and others [WPS No. 8375/2018, decided on 6.1.2023] read with REVP No. 16/2023, decided on 9.2.2023 and as affirmed by a Division Bench of this Court in W.A. No. 254/2023, decided on 7.7.2023 and further by the Hon'ble Supreme Court in SLP(C) No. 21126/2023, decided on 28.11.2023. Hence, the present 5 petitioners are also entitled to get the similar benefit as extended by the judgment in Dr. Deepak Kumar Shukla (supra). 4. Learned counsel appearing for the State/respondents opposes the submission made on behalf of the petitioners. He submits that Rule 5 of the Chhattisgarh Regularization of the Emergency Appointment Rules 2005 (for short "the Rules 2005") provides that the Assistant Professors appointed on emergency basis shall be regularized from the date of order of regularization. Therefore, the petitioners cannot be granted the relief of counting their services from the date of their initial appointment as rules do not permit the same. 5. I have heard the arguments raised on behalf of the parties and perused the material available with due care. 6. In view of the discussion made hereinabove and considering the entire facts of the case and the material on record, the writ petition is allowed. The respondents are directed to examine the case of the individual petitioners after adding their past service appointed on emergency basis for the purpose of conferral of monetary benefits including senior grade pay scale, selection grade pay scale and benefit of pay band IV by taking into account the services rendered by them as emergency appointees and if the petitioners fulfill all the requisite conditions which are required for the purpose of conferral of monetary benefits as claimed by the petitioners then the petitioners are also entitled for the monetary benefits as claimed by them as per the policy/circular issued by the State Government as well as by the University Grants Commission from time to time and the said benefits shall be payable to the petitioners within four months from the date of receipt of a copy of this order. It is made clear that adding of past services shall be considered for grant of the 6 monetary benefits as claimed by the petitioners and pension only. It will not be counted for grant of seniority. It is made clear that this Court has not expressed anything on the merit of case of any individual petitioners regarding their entitlement to get the aforesaid monetary benefits. This Court has only examined whether the past services of the petitioners on emergency basis is required to be added or not for grant of the aforesaid monetary benefits. It is further directed that after adding the past service, if the petitioners are found eligible for grant of the aforesaid monetary benefits, the difference of arrears be paid to them within a further period of two months from the date of taking final decision over grant of the monetary benefits. 7. No order as to costs. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh