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2025 DAILYLAW 27068 (CHH)

ANNAPANNA LAL SAHU v. STATE OF CHHATTISGARH

WPS/4931/2025 · 2025-06-18

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:25627 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4931 of 2025 1 - Annapanna Lal Sahu S/o Late Jaichand Lal Sahu Aged About 66 Years Retired Sthal Sahayak Posted At Office Of S.D.O. Public Works Department Sub Division Dharamjaigarh, District- Raigarh (C.G.) R/o Village- Pakaraiya, Post - Akaltara, District- Janjgir-Champa (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Public Works Department Mahanadi Bhawan, Mantralaya, New Raipur, District- Raipur (C.G.) 2 - State Of Chhattisgarh Through Secretary, Department Of Finance Mahanadi Bhawan, Mantralaya, New Raipur, District- Raipur (C.G.) 3 - State Of Chhattisgarh Through Secretary, General Administration Department Mahanadi Bhawan, Mantralaya, New Raipur, District- Raipur (C.G.) 4 - Engineer In Chief Public Works Department, Indravati Bhawan Mantralaya Atal Nagar New Raipur, District - Raipur (C.G.) 5 - Executive Engineer Public Work Department Division Raigarh, District- Raigarh (C.G.) 6 - Joint Director Pension And Account Treasury Department Bilaspur Division, District- Bilaspur (C.G.) ... Respondent(s) For Petitioner (s) : Shri FS Khare, Advocate. For State : Shri Shreyansh Mehta, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 19.06. 202 5 1. The petitioner(s) have filed this petition seeking following reliefs: 10.1 That this Hon'ble court may kindly be pleased to allow the writ petition and be pleased to direct the respondents to remove the anomaly accord in the service of petitioner. 2 10.2 That, the Hon'ble Curt may kindly be pleased to direct the respondents to grant pay scale published in the Gazette dated 14.10.1982 and also direct to pay the arrears to the petitioner from him initial date of appointment and revised pension. 10.3 That, the Hon'ble Curt may kindly be pleased to issue writ/order/direction similar to the order passed on 08.05.2025 passed in WPS No. 3358/2025 directing the respondent authorities to consider and decide the fresh representation in the light of gazette notification dated 14.10.1982 preferably within period of 6 months from date of receipt of copy of order. 10.4 That, this Hon'ble court may kindly be call for the records for its kind perusal which relates to petitioner's matter. 10.5 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioners. 2. Learned counsel appearing for the petitioner(s) 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 petitioner(s), 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, she submits that if the petitioners file a fresh representation, the State will consider their case in light of the notification as mentioned herein above. 3 4. In view of the above submissions made by the parties, this petition is disposed of. If the petitioner files 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 a certified copy of this order. 5. With the aforesaid observation, the writ petition is disposed of. Sd/- (Ravindra Kumar Agrawal) Judge inder