1 2025:CGHC:3626 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5907 of 2023 1 - Ashwani Kumar Netam S/o Late Shri Sukalu Ram Netam Aged About 52 Years Posted And Working As Peon, Govt. Higher Secondary, School, Iragaon, Block, Keskal, District Kondagaon, Chhattisgarh 2 - Smt. Rajbati Banchhar W/o Late Shri Samnath Banchhar Aged About 48 Years R/o Jampadar Para, Kondagon, District Kondagaon (C.G.) 3 - Smt. Kunti Bai Kashyap W/o Late Shri Puran Das Kashyap Aged About 48 Years R/o Village And Post Bamhani Bazar, District Kondagaon (C.G.) 4 - Binuk Ram Rana S/o Late Shri Ramprasad Rana Aged About 59 Years Posted And Working As Peon, Middle School, Jirrapara, Block Bade Rajpur, District Kondagaon (C.G.) 5 - Dondaram Patra S/o Late Shri Roopdhar Patra Aged About 61 Years Posted As Working As Peon, Government Boys Higher Secondary School, Mardapal, Block, Kondagaon, District Kondagaon (C.G.) 6 - Milan Ram Samrath S/o Late Shri Mithhu Ram Samrath Aged About 59 Years Posted And Working As Peon, Middle School, Silati, Block Keshkal, District Kondagaon (C.G.) VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 7 - Dhansingh S/o Late Shri Sudhdu Ram Aged About 50 Years Posted And Working As Peon, Middle School, Pandeaathhagaon Block Farasgaon, District Kondagaon (C.G.) 8 - Ali Ram Rana S/o Late Shri Dariyav Singh Rana Aged About 52 Years Posted And Working As Peon, Government Higher Secondary School, Bade Rajpur, Block Bade Rajpur, District Kondagaon (C.G.) 9 - Banshi Lal Bhandari S/o Late Nadagu Ram Bhandari Aged About 50 Years Posted And Working As Peon, Government Middle School, Nirachhindali, Block Keshkal, District Kondagaon (C.G.) 10 - Jagnu Ram Yadav S/o Late Shri Chhibaru Yadav Aged About 48 Years Posted And Working As Peon, Government Higher Secondary School, Adega, Block Keskal, District Kondagaon (C.G.) 11 - Girish Kumar Kashyap S/o Late Shri Mehattar Ram Kashyap Aged About 65 Years Retired Peon, R/o Mararpara, Kondagaon, District Kondagaon (C.G.) ... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Mantralaya, Naya Raipur, Atal Nagar, Post Office And Police Station Naya Raipur, Atal Nagar, District Raipur (C.G.) 2 - Director Directorate Of Public Instructions, Indrawati Bhawan, Naya Raipur, Atal Nagar. Post Office And Police Station Naya Raipur, Atal Nagar, District Raipur (C.G.) 3 - Joint Director Public Instructions, Bastar Division, Jagdalpur (C.G.) 4 - District Education Officer Kondagaon, District Kondagaon (C.G.) 3 5 - Block Education Officer, Keskal Block Keskal, District Kondagaon (C.G.) 6 - Block Education Officer Kondagaon, Block Kondagaon, District Kondagaon (C.G.) 7 - Block Education Officer Bade Rajpur, Block Bade Rajpur, District Kondagaon (C.G.) 8 - Block Education Officer Farasgaon, Block Farasgaon, District Kondagaon (C.G.) ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioners :- Mr. Dhani Ram Patel, Advocate For State :- Ms. Nupur Trivedi, P.L. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 21.01.2025 1. By way of this writ petition, the petitioners have prayed for following reliefs:- “10.1. That, this Hon'ble Court may kindly be pleased to quash the impugned order dated 06/02/2023 (Annexure P/1) passed by Respondent No.4 whereby the regular pay scale granted to the petitioners has been recalled and grant all the arrears with all consequential benefits in favour of the petitioners from the date of their actual entitlement. 10.2. Cost of the petition may also be granted to the petitioners. 10.3 Any other relief, which this Hon'ble Court deems 4 fit and proper, may also kindly be granted to the petitioner, in the interest of justice.” 2. Learned counsel for the petitioners submits that vide order dated 06.02.2023, the benefit of regular pay-scale extended to the petitioners has been recalled without giving any opportunity of hearing to them. He submits that the petitioners are in employment for long period and they are entitled for grant of regular pay-scale after completion of three years of service, therefore, the impugned order passed in illegal, bad in law and deserves to be quashed. He also places reliance in the judgment passed by the Hon’ble Supreme Court in the matter of Bhagwan Shukla vs. Union Of India and Others reported in (1994) 6 SCC 154 and also the judgment passed by the co-ordinate Bench of this Court in WPS No.529/2014 (Santosh Nag vs. State of Chhattisgarh & Ors.) . 3. Learned State counsel opposes the submission made by counsel for the petitioners and submits that the impugned order has rightly been passed and requires no interference. 4. I have heard learned counsel for parties and perused the documents available on record as also the judgments relied upon by counsel for the petitioner. 5. Considering the facts and circumstances of this case and further considering the fact that before recalling of pay-scale, the petitioners have not been heard and no opportunity of hearing was granted according to principles of natural justice, as such, the 5 impugned order is hereby quashed. The respondent authorities are directed to pass appropriate orders while giving proper opportunity of hearing to each of the petitioner in his or her individual capacity, in accordance with law. They will complete this process within a period of two months and till passing the order, they will not give effect to the subsequent order dated 25.01.2023 while reducing the pay-scale of the petitioner. 6. Accordingly, this petition stands disposed off with aforesaid observations and directions. sd/- (Amitendra Kishore Prasad) Judge Vishakha