1 2025:CGHC:31037 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6765 of 2025 1 - Gajendra Kumar Yadav S/o Ghanshyam Singh Yadav Aged About 66 Years A Retired Employee Of Water Resource Department, R/o Village Newrikala, Post Newrikala, Tehsil Balod, District Balod Chhattisgarh 2 - Noharlal Tiwari S/o Late Ramadhar Tiwari Aged About 71 Years A Retired Employee Of Water Resource Department, R/o Jawaharpara, Ward No. 11 Balod, Post Balod, Tehsil Balod, District Balod Chhattisgarh 3 - Smt. Poon Bai (Legal Heir) W/o Late Mansharam Sahu Aged About 76 Years A Widow Of The Retired Employee Of Water Resource Department, R/o Village Parsahi, Post Khapri, Tehsil Balod, District Balod Chhattisgarh 4 - Smt. Bisantin Bai (Legal Heir) W/o Late Pyarilal Kishan Aged About 66 Years A Widow Of The Retired Employee Of Water Resource Department, R/o Village Chikhli, Post Narratola, Tehsil Dondilohara, District Balod Chhattisgarh 5 - Shyam Lal Kishan S/o Sonuram Kishan Aged About 74 Years A Retired Employee Of Water Resource Department, R/o Village Chikhli, Post Narratola, Tehsil Dondilohara, District Balod Chhattisgarh 6 - Ram Khilawan Verma S/o Phirat Ram Verma Aged About 66 Years A Retired Employee Of Water Resource Department, R/o Bilaspur Road Tariyapara, Bansankara, Post Bansankra, Tehsil Simga, District Balodabazar-Bhatapara Chhattisgarh 7 - Rajendra Prasad Pandey S/o Suryapal Pandey Aged About 68 Years A Retired Employee Of Water Resource Department, R/o Irrigation Colony Abhanpur, Ward No. 10, Post Abhanpur, Tehsil Abhanpur, District Raipur Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Chief Secretary, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Dist. Raipur Chhattisgarh 2 - State Of Chhattisgarh Through The Secretary, General Administration Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Dist. VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.07.08 18:34:26 +0530 2 Raipur Chhattisgarh 3 - State Of Chhattisgarh Through The Secretary, Water Resource Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Dist. Raipur Chhattisgarh 4 - State Of Chhattisgarh Through The Secretary, Department Of Finance, Accounts And Treasury, Govt. Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Dist. Raipur Chhattisgarh 5 - Engineer-In-Chief Water Resources Department, Shivnath Bhavan, Sector- 19, Nava Raipur Atal Nagar, Dist. Raipur Chhattisgarh 6 - The Executive Engineer Water Resource Division Balod, Dist. Balod Chhattisgarh 7 - The Executive Engineer Mahanadi Jalashaya Pariyojna Disnet Division 03, Tilda, Dist. Raipur Chhattisgarh 8 - The Executive Engineer Water Management Division No. 01, Raipur, Dist. Raipur Chhattisgarh ... Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. Anand Kumar Kujur, Advocate For Respondent(s)/State : Mr. S.P. Kale, Additional A.G. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 07/07/2025 Heard. 1. The petitioners have filed this petition seeking the following relief(s):- “(i) That this Hon'ble Court may kindly be pleased to call for all the records pertaining to the case. (ii) That, this Hon'ble Court may kindly be pleased to issue writ/order/direction to the respondent authorities to grant the benefits of higher pay scale to the in service petitioners, revise the pension of the 3 retired petitioners as per the Gazette Notification dated 14.10.1982. (iii) That, this Hon'ble Court may kindly be pleased to issue writ/order/direction to the respondent authorities to pay arrears of salary and pension to the petitioners. (iv) That, this Hon'ble Court may kindly be pleased to issue writ/order/direction to the respondent authorities to remove the anomaly occurred in the service of the petitioners. (v) That, this Hon'ble Court may kindly be pleased to issue writ/order/direction similar to the order passed on 09.06.2025, in WPS No. 3524/2025, directing the respondent authorities to consider and decide the fresh representation in the light of the gazette notification dated 14.10.1982 expeditiously preferably within a period of six months from the date of receipt/production of a certified copy of this order. (vi) That any other relief/order which may be deem fit and just in the facts and circumstances of the case may kindly be granted.” 2. Learned counsel appearing for the petitioners 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 petitioners, in those cases, have been granted liberty to file a fresh representation before 4 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, he submits that if the petitioners file a fresh representation, the State will consider their case in light of the notification as mentioned herein above. 4. In view of the above submissions made by the parties, this petition is disposed of. If the petitioners file 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 and direction, the writ petition stands finally disposed of. Sd/- (Ravindra Kumar Agrawal) Judge ved