Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:7134
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5740 of 2023 1 - M.L. Raseniya S/o Late Chhotelal Raseniya, Aged About 66 Years R/o Ram Nagar, Ward No. 15, Tahsil And Post Dondi Lohara, District Balod Chhattisgarh.
... Petitioner Versus 1 - State Of Chhattisgarh Through Secretary Skill Development Technical Education, And Employment Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh. 2 - The Directorate, Employment And Training, Through Director Indravati Bhawan, Block-4, 1st Floor, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh. 3 - The Director, Treasury And Accounts Raipur, District Raipur Chhattisgarh.
... Respondent For Petitioner : Mr. P. R. Patankar, Advocate For Respondent : Mr. Ajeet Singh, Government Advcoate SB: Hon'ble Shri Justice
Amitendra Kishore Prasad
Order on Board 07/02/2025
1. By way of this writ petition, the petitioners have prayed for following reliefs:
“10.1. That, the Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of petitioner relating to grant of Third Time bound Pay Scale to the petitioner for its kind perusal. 10.2 that, this Hon’ble Court may kindly be pleased to direct the respondent authorities to SHUBHAM DEY Digitally signed by SHUBHAM DEY
2 immediately release the benefit of third Time Bound Pay Scale to the petitioner as per order dated 18.10.2019 and 25.01.2021. 10.3 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to immediately release the earlier arrears and revise the pension of the petitioner and also to pay the difference of gratuity to the petitioner. 10.4 Cost of the petition be allowed. 10.5 That, this Hon’ble Court may kindly be pleased to grant any other relief which this Hon’ble Court may deem fit in the facts and circumstances of the present case including cost of the petition.”
2. Learned counsel for the petitioner submit that the petitioner has filed this present petition seeking a direction to the respondent authorities for granting Third Time Bound Pay Scale to the petitioner as per order the order dated 18.10.2019.
3. Learned counsel for the petitioner submits the petitioner was initially appointed as Diesel Mechanic vide order dated 29.04.1981 and was posted at Bastar. Subsequently, after completing his services and attaining the age of superannuation, the petitioner superannuated on 31.12.2018 from the post of Principle Grade II in the I.T.I, Narayanpur, District – Narayanpur, Chhattisgarh. Thereafter, the Respondent No. 2 has issued an
order dated 18.10.2019 (Annexure P/2) in favour of the petitioner and other similarly situated persons who have retired from the post of Principle Grade II for granting the benefit of Third Time Bound Pay Scale w.e.f. 01.01.2016. Subsequently, the petitioner has submitted his representations dated 11.11.2019 (Annexure P/2) and 14.10.2022, 23.02.2023, 04.04.2023 (Annexure P/5) for
3 granting him the benefit of Third Time Bound Pay Scale before the respondents but till date, the representations submitted by the petitioner has not been decided by the respondents and he is deprived from the benefit of Third Time Bound Pay Scale and therefore, the inaction on the part of the respondents is arbitrary and illegal.
4. On the other hand, learned counsel for the Respondents/State vehemently opposes the submission made by the counsel for the petitioner and submits that the respondents are going to grant Third Time Bound Pay Scale to the petitioner and his representation is also being considered and decided in accordance with law.
5. I have heard learned counsel for the respective parties and perused the documents placed on record.
6. Considering the facts and circumstances of the case, submissions made by the parties and further considering the submissions made by the learned counsel for the State, I find it appropriate to dispose of this writ petition with a direction to the concerned respondent authorities to release/grant the benefit of Third Time Bound Pay Scale to the petitioner within a period of 45 days from the date of receipt of copy of this order.
7. Accordingly, this petition stands disposed of with aforesaid observations and directions.
Sd/-
(Amitendra Kishore Prasad) Judge Dey