1 2025:CGHC:16716 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 449 of 2021 1 - Ajit Kumar Gupta Late Shri Krishna Kumar Gupta Aged About 62 Years Fishri Inspector, Deputy Director, Fishri Department, Durg, District Durg Chhattisgarh., District : Durg, Chhattisgarh Petitioner(s) versus 1 - State Govt. Of Chhattisgarh Through The Secretary Fisheries Department Ministry, Mahanadi Bhawan, Atal Nagar, New Raipur (Chhattisgarh), District : Raipur, Chhattisgarh. 2 - Deputy Director Of Fisheries District Durg (Chhattisgarh), District : Durg, Chhattisgarh. 3 - Joint Director Treasury, Accounts And Pension, Durg (Chhattisgarh), District : Durg, Chhattisgarh Respondent(s) (Cause title is taken from CIS) For Petitioner(s) : Mr. Vinod Kumar Sharma For State : Mr. Suyashdhar Badgaiya, Dy. GA (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 09/04/2025 1. By the present Writ Petition, the Petitioner who is working as Fisheries Inspector in the office of Deputy Director, Fisheries Department, Durg, is seeking quashment of impugned order dated 28/07/2020 (Annexure- RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.04.15 10:36:01 +0530 2 P/2) with a direction to respondents’ authorities to give him Third-Time Bound Pay Scale w.e.f. 01/01/2016. 2. Learned counsel for the petitioner submits that pursuant to the order dated 21/01/2019, the benefit of Third Time Bound Pay Scale has been given to the petitioner w.e.f. 01/01/2017, whereas, he is entitle for the same w.e.f. 01/01/2016. Referring to Rule 6 (3) of the Chhattisgarh Revised Pay Rule, 20171, he submits that if the intimation regarding option is not received within the time mentioned in sub-rule (1), the Government servant shall be deemed to have elected to be governed by the revised Pay structure with effect from the 01/01/2016. He would submit that though the petitioner has not submitted the option within the prescribed time period, as per the Rules,2017, he is entitle for the same w.e.f. 01/01/2016, hence, the rejection of the claim of the petitioner vide order dated 27/08/2020 (Annexure-P/2) by the respondent is bad in law. 3. Per Contra, learned counsel for the State, referring to Clause -5 of the Finance Instruction no. 19/2017 (Annexure-R/3) dated 19/05/2017, would submit that the said finance instructions has been issued by the State Govt. in order to extend the benefit of revised pay scale to its regular employees. As per the clause-5, the employee is required to submit his option in the prescribed form to fix the pay scale either from the date of promotion/upgradation of pay scale or from the date of his/her next annual increment within a period of one month from the date of receipt of order extending the benefit of promotion/upgradation, whereas, in the present case, the petitioner has failed to comply with the 1 The Rules, 2017 3 said instruction, therefore, he is not entitle for the same. Hence, the order impugned has been rightly passed by the respondents’ authority. 4. I have heard counsel for the parties and perused the pleadings. 5. It appears from the pleadings that the petitioner had submitted his option on 28/12/2019. Though the same is not in accordance with clause referred in the instructions dated 19/05/2017, however, as per Rule 6(3) of the Rules, 2017, if the intimation regarding option is not received within the time mentioned in sub-rule (1), the Government servant shall be deemed to have elected to be governed by the revised Pay structure with effect from the 01/01/2016. Therefore, if the petitioner has not submitted the option for the pay scale within a stipulated time, still in view of Rules 2017, the petitioner is entitled to receive pay structure w.e.f. 01/01/2016. Hence, the rejection order of Third Time Bound Pay Scale w.e.f 01/01/2016 only on the ground that the petitioner has submitted his option at a belated stage is absolutely contrary to the Rules, 2017. 6. Thus, the impugned order dated 27/08/2020 (Annexure-P2) is quashed. The respondents’ authorities are directed to reconsider the case of the petitioner by giving the effect of Rule 6(3) of the Rules, 2017 and provide benefit of Third Time Bound Pay Scale to the petitioner w.e.f. 01/01/2016. The Petitioner is at liberty to approach before respondent No.2 within a period of 30 days. If the petitioner approaches respondent No.2 within stipulated period, respondent No. 2 is directed to take necessary steps for grant of Third Time Bound Pay Scale w.e.f. 4 01/01/2016. 7. With the aforesaid directions, the Writ Petition is allowed to the above extent. Sd/- (BIBHU DATTA GURU) JUDGE Rahul