1 2025:CGHC:15365 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5393 of 2019 1 - Ramphal Sharma S/o Late Rampratap Sharma Aged About 71 Years Re- tired Principal, R/o Bhaisa Dafai, Nagpur, Road, Haldibadi (Chirmiri), District Koriya Chhattisgarh. ---Petitioner Versus 1 - State Of Chhattisgarh Through The Principal Secretary, Tribal Welfare Department, Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh. 2 - Principal Secretary, Finance Department, Atal Nagar, New Raipur, District Raipur Chhattisgarh. --- Respondents WPS No. 5400 of 2019 1 - Abdul Razzak Quraishi S/o M.A. Sattar Aged About 73 Years R/o Ra- soolpur, Near Masjid Ambikapur, District Surguja Chhattisgarh. --- Petitioner versus 1 - State Of Chhattisgarh Through The Principal Secretary, Tribal Welfare Department, Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh. 2 - Principal Secretary Finance Department Atal Nagar, New Raipur, District Raipur, Chhattisgarh --- Respondents WPS No. 5391 of 2019 1 - Smt. Jarina Parween W/o Late Ali Baksh Aged About 64 Years R/o Civil Line Ward No. 18, Manedragarh District - Koriya Chhattisgarh. ---Petitioner Versus 1 - State Of Chhattisgarh Through The Principal Secretary, Tribal Welfare Department, Mahanadi Bhawan, New Raipur, District - Raipur Chhattisgarh., 2 - Principal Secretary Finance Department , Atal Nagar, New Raipur --- Respondents Digitally signed by AVANISH KUMAR PATHAK Date: 2025.04.08 10:37:53 +0530 2 For Petitioners : Mr. Shalvik Tiwari, Adv. For Respondents : Mr. Rajeev Bharat, Govt. Adv. (Hon’ble Shri Naresh Kumar Chandravanshi) Order on Board 1/04/2025 1. With consent of learned counsel for the parties, heard the matter finally. 2. Since issue involved in all these 3 cases is one and the same, therefore, they are heard together and being disposed of by this common order. For convenience, WPS No. 5393/2019 is being treated as lead case. 3. Petitioners have preferred instant writ petitions seeking relief of grant of revised pay scale of Rs. 8,000-13,500/- from the date of their promotion as Principal of High School along with arrears of salary and other pensionary benefits. In PWS No. 5391/2019, the petitioner is wife of Late Ali Baksh, who was Principal. 4. Facts of the case in nutshell are that, petitioners/husband of petitioner Jarina Parween were appointed on the post of Upper Division Teacher in the year 1973. They were promoted on the post of Principal, High School in the year 1997/2000 and granted pay scale of Rs. 2,000-3,500/-, whereas they ought to have been granted pay scale of Rs. 8,000-13,500/-, as vide Order Annexure P-7 dated 11-3-1998 issued by the Finance Department of State of Madhya Pradesh, the Principals whose pay scale was Rs. 2,375-4,125/- were entitled for pay scale of 8,000-13,5000/-. 3 5. Learned counsel for the petitioners submits that vide order (Annexure P-3) dated 30-7-1990/2-1-1991, issued by the State of Madhya Pradesh, Principals of Higher Secondary School were granted pay scale of Rs. 2,375-4,125/-, but vide Annexure P-4 dated 19-3-1991, that pay scale was recalled and reduced to pay scale of Rs. 2,000-3,500/-, but in the writ petitions filed by Principals of Higher Secondary Schools before Madhya Pradesh High Court bearing No. WP No. 7211/2003, 7425/2003 and 7210/2003, the High Court of MP has allowed the writ petitions of Principals and set aside the recalling order Annexure P-4 dated 19-3-1991 and granted pay scale of Rs. 2,375-4,125/- to the Principals. He further submits that some other Principals of Higher Secondary Schools, who were benefited vide order dated 30-7-1990/2-1-1991, were affected from order Annexure P-4 dated 19- 3-1991, they also filed writ petitions (Annexure P-5) bearing WPS No. 7224/2008, 67/2009, 160/2011, 3136/2010, 4421/2008 and 6592/2008 before this Court. Those writ petitions have been allowed by learned coordinate Bench of this High Court vide order dated 8-3-2013 relying on the order passed by the MP High Court in WP Nos. 7211/2003, 7425/2003 and 7210/2003 and the petitioners therein were held entitled to the pay scale of Rs. 2,375-4,1205/-. Learned counsel also submitted that, in the light of aforesaid order of MP High Court, and the coordinate bench of this Court, the petitioners, after promotion, may also be granted pay scale of 2,375-4,125/- (revised pay scale Rs. 8,000-13,500) in the light of order Annexure P-7 dated 11-3-1998 issued by the Finance Department of State of Madhya Pradesh (now Chhattisgarh). 4 6. State has filed its reply in WPS No. 5391/2019 and WPS No. 5393/2019. Learned State counsel submits that he adopts the reply filed in aforesaid two writ petitions in respect of WPS No. 5400/2019 also. 7. Learned counsel appearing for the respondents/State would submit that, petitioners were promoted on the post of Principal, High school in the year 1997/2000, subsequently, they were promoted on the post of Principal, Higher Secondary School vide Annexure A-1 dated 27-10-2007 and they were granted pay scale of promotional post i.e. Rs. 8,000-13,500/- after their promotion. Learned State counsel further submits that, petitioners are seeking higher pay scale on the strength of judgment passed by the High Court of MP and High Court of Chhattisgarh in aforecited writ petitions whereby, pay scale of Rs. 2,375-4,125/- has been granted to the Principals of Higher Secondary School. Since petitioners were not promoted on the post of Principal, Higher Secondary School in the year, 1997/2000 vide Annexure P-2, rather they were promoted on the post of Principal, High School, therefore, they are not entitled to get benefit from the judgment rendered by the High Court of MP and High Court of Chhattisgarh in aforecited writ petitions relying on Annexure P-4 dated 19-3-1991. Petitioner have been promoted on the post of Principal, Higher Secondary School, vide Annexure A-1 dated 27-10-2007, thereafter they have been granted pay scale of promotional post i.e. Rs. 8,000-13,500/-, hence these petitions may be rejected. 8. I have heard learned counsel for the parties and perused the material available on record. 5 9. Petitioners were promoted on the post of Principal, High School vide Annexure P-2 of WPS No. 5393/2019 and Annexure P-1 of WPS No. 5400/2019 in the year 1997/2000 and were granted pay scale of Rs. 2,000- 3500/- and pay scale 6500-10500/- respectively. 10. Perusal of Annexure P-4 i.e. order dated 19-3-1991 issued by the Scheduled Castes, Scheduled Tribes and Other Backward Classes Welfare Department, Govt. of MP (Now CG) shows that, earlier vide order dated 30-7-1990/2-1-1991, Lecturers, Principals/Vice Principals of Higher Secondary School were granted higher pay scale, which was reduced vide Annexure P-4 dated 19-3-1991. Said order dated 19-3-1991 is reproduced hereinbelow :- "्ቅमांक एफ 3/4/90/I प्ሴीस - राज्य शासन इस विभाग के समसंख्यक आदेश विदनांक 30.7.90 एं समसंख्यक आदेश विदनांक 2.1.91 ्ቛारा व्याख्याताओं को उ्ሴतर माध्यविमक शालाओं के ्ቚाचाय%/उप ्ቚाचाय&, आदश& उ्ሴतर माध्यविमक शालाओं एं व्याख्याता, गुरुकु ल वि्ቕालय संबंधी ्ቚसारिरत आदेश में लिलविपकीय ्ቔुवि1 के कारण उቤኌ4लि5त ेतनमान “2375-75-3200-100-3500-125-4125" को ेतनमान "2000-60-2300-75-3200-100-3500” पढ़ा जाये। 2/-उपयु&्ሹ के फलस्रूप विदनांक 30.7.90 एं 2.1.91 के समसंख्यक आदेश ्ቛारा पदो्ቐत समस्त व्याख्याताओं को पदो्ቐत पद पर “2000-60-2300-75-3200-100- 3500" का ेतनमान देय होगा ।" 11. Perusal of aforesaid order shows that, earlier vide order dated 30-7-1990/2-1-1991, Lecturers, Principals/Vice Principals of Higher Secondary School were granted pay scale Rs. 2,375-4,125, but 6 subsequently, vide order Annexure P-4 dated 19-3-1991, it was reduced to the pay scale of Rs. 2,000-3,500/-. 12. Aforesaid order dated 19-3-1991 was challenged by the Principals in the High Court of MP in WP No. 7211/2003, 7425/2003 and 7210/2003, which were allowed by the High Court of MP and promoted Principals were held entitled to the pay scale of Rs. 2,375-4,125/-. 13. Some other Principals (Grade II), who were affected by the order Annexure P-4 dated 19-3-1991, later on, challenged that order before the High Court of Chhattisgarh by filing WPS No. 7224/2008, 67/2009, 160/2011, 3136/2010, 4421/2008 and 6592/2008 (Annexure P-5). That bunch of petitions was allowed by the coordinate bench vide common order dated 8-3- 2013 in the light of order passed by the High Court of MP in aforesaid writ petitions. 14. Order Annexure P-4 dated 19-3-1991 pertains to the Lecturers, Principals/Vice Principals of Higher Secondary School, whereby higher pay scale granted to them was subsequently reduced by the Government of MP, but that reduction was set aside by the High Court of MP and High Court of CG and higher pay scale of Rs. 2,375-4,125/- granted vide order dated 30- 7-1990/2-1-1991 was restored. That order was not pertaining to the Principals of High School. 15. In instant case, petitioners were promoted on the post of Principal, High School in the year 1997/2000, as such, they cannot be benefited by the higher pay scale granted to the Principals of Higher 7 Secondary School vide order dated 30-7-1990/2-1-1991, on the basis of which, the High Court of MP and High Court of CG passed said order. Rather, petitioners of instant petitions were promoted on the post of Principal, Higher Secondary School in the year 2007, thereafter they were granted pay scale of 8,000-13,500/-. Thus, since petitioners were promoted on the post of Principal, High School in the year 1997/2000 and not on the post of Principal, Higher Secondary School, therefore, they are not entitled to get pay scale of Rs. 8,000-13,500/- (earlier pay scale 2,375-4,125/-) from the date of their promotion on the post of Principal of High School, as such, they are not entitled to get any benefit from the judgment rendered by the High Court of MP and High Court of CG in aforesaid writ petitions. 16. In view of above discussion, I do not find any merit in instant writ petitions. Hence, the same are dismissed. 17. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) JUDGE Pathak