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2025 DAILYLAW 29517 (CHH)

DR. K.C. NATHANI v. STATE OF CHHATTISGARH

WPS/4504/2024 · 2025-02-17

Shri Amitendra Kishore Prasad

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Judgment text

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Page No.1 2025:CGHC:8246 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4504 of 2024 1 - Dr. K.C. Nathani S/o Late M. Nathani Aged About 48 Years Presently Working As Demonstrator (Community Medicine) At Chhattisgarh Institute Of Medical Science (Cims), Bilaspur, District Bilaspur (C.G.) 2 - Dr. Kamaljit Basan S/o Late D.N. Basan Aged About 52 Years Presently Working As Demonstrator (Anatomy) At Chhattisgarh Institute Of Medical Science (Cims), Bilaspur, District Bilaspur (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Finance Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur (C.G.) 2 - Secretary Health And Family Welfare Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur (C.G.) 3 - Director Medical Education, Indravati Bhawan, Nava Raipur, Atal Nagar, District Raipur (C.G.) 4 - Dean Chhattisgarh Institute Of Medical Science (Cims), Bilaspur, District Bilaspur (C.G.) 5 - Joint Director Accounts, Treasury And Pension, Bilaspur Division, Bilaspur, District Bilaspur (C.G.) --- Respondent(s) _____________________________________________________________ For Petitioners : Mr. CJK Rao, Advocate. For Respondent/State : Mr. Akanksha Verma Dabhadkar, PL. ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Amitendra Kishore Prasad Order on board 17/02/2025 1. Petitioner has filed this writ petition seeking following reliefs:- “10.1. That, this Hon’ble Court may kindly be NISHA DUBEY Digitally signed by NISHA DUBEY Date: 2025.02.28 15:34:30 +0530 Page No.2 pleased to direct the respondent authorities to restore the basic pay and provide all the consequential benefits to the petitioner. 10.2. That, this Hon’ble Court may kindly be pleased to grant any other relief as it may deems fit and appropriate. 10.3. That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to restore the basic pay w.e.f. 01.01.2016 i.e. Rs.75400/- for petitioner No.1 and Rs.90,400/- for petitioner no.2 and further fix the running Basic Pay recording to pay matrix for the upcoming year strictly as per the Pay Revision Rules and Circulars, issued by the State Government i.e. Annexure P/2, Annexure P/3 and Annexure P/3.” 2. Learned counsel for the petitioner submits that the petitioners were initially appointed as Demonstrator in the Chhattisgarh Institute of Medical Sciences (CIMS) Bilaspur on the pay-scale of Rs.15600- 39100+5400 (Grade Pay). Pay of petitioners was revised in the pay- scale as per provisions contained in the Chhattisgarh Revision of Pay Rules, 2017. All of sudden, without even issuing any show-cause notice and without affording opportunity of hearing, in most arbitrary manner, the pay-scale of petitioners has been reduced and fixed at Rs.67000+ NPA and 93100 +NPA respectively. Petitioners submitted various representations before respondent No.4, lastly on 14.10.2022 for correct fixation of their salary, however, till date the pay-scale of petitioners has not been restored. 3. Learned counsel for State submits that the pay-scale of the petitioner has been revised and fixed as per the Chhattisgarh Revision of Pay Rules, 2017. 4. Heard learned counsel for the parties and perused the documents available in record of writ petition. 5. Considering the facts and circumstances of this case, considering the fact that while reducing the pay-scale, the petitioners were not granted any opportunity of hearing, more so, not a single notice has been issued seeking their reply, I am of the view that the impugned action Page No.3 on the part of respondent authorities in reducing pay-scale of the petitioners is in violation of the principles of natural justice. 6. Accordingly, the writ petition is allowed. The impugned order passed in the case of petitioners herein is hereby quashed. The petitioners are entitled for their consequential relief as per quashing of the order. 7. Certified copy as per rules. Sd/- (Amitendra Kishore Prasad ) Judge Nisha