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2025 DAILYLAW 37607 (CHH)

LALLA RAM MISHRA v. STATE OF CHHATTISGARH

WPS/8992/2025 · 2025-08-06

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:39377 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8992 of 2025 1 - Lalla Ram Mishra R.B. Mishra, Aged About 74 Years R/o Ekta Chowk, Ward No. 51, Laxmi Nagar, District Raipur Chhattisgarh. 2 - Govind Prasad Dhurandhar S/o Manglu Ram Dhurandhar, Aged About 67 Years R/o H.No. 104, Ward No. 6 Malaud, Dist. Raipur Chhattisgarh. 3 - Ghana Ram Sahu S/o Gandhi Ram Sahu Aged About 66 Years R/o Gatapara, Dist. Dhamtari Chhattisgarh. 4 - Chhanu Ram Sahu S/o Sewak Ram Sahu Aged About 70 Years R/o Atal Chowk, Ward No. 2, Tarsiwa, Dist. Dhamtari Chhattisgarh. 5 - Padman Lal Sahu S/o Bisram Sahu, Aged About 72 Years R/o Bajar Chowk Ward No. 11, District Dhamtari Chhattisgarh. 6 - Vishnu Ram Sahu S/o Ram Ji Sahu Aged About 71 Years R/o Thakur Dev Chowk, Ward No. 11, Dist. Dhamtari Chhattisgarh. 7 - K.L. Vishwakarma S/o Thanawar Vishwakarma, Aged About 72 Years R/o Ward No. 18, Shikshak Colony, Tilda, District Raipur Chhattisgarh. 8 - A.K. Das, S/o Franklin Das Aged About 75 Years R/o Santoshi Nagar, Dist. Raipur Chhattisgarh. 9 - Sukumar Halder S/o Jageshwar Halder Aged About 71 Years R/o Ward No. 11 Lohara Para, Dist. Bijapur Chhattisgarh ... Petitioner(s) ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.08.08 19:29:08 +0530 2 versus 1 - State Of Chhattisgarh Through The Chief Secretary, Govt. Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Nava Raipur Chhattisgarh 2 - The Secretary, General Administration Department, Govt. Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Nava Raipur Chhattisgarh. 3 - The Secretary, Water- Resource Department Govt. Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Nava Raipur Chhattisgarh. 4 - The Secretary, Department Of Finance, Accounts And Treasury, Govt. Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Nava Raipur Chhattisgarh. 5 - The Executive Engineer, Water Resource Department, Division No. 3 Tilda, Dist. Raipur Chhattisgarh. 6 - The Executive Engineer, Water Resources Department, Division Raipur, Dist. Raipur Chhattisgarh. 7 - The Executive Engineer, Water Resource Department, Sub-Division No.1, Rudri, Dist. Dhamtari Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Sharad Mishra, Advocate. For Respondent(s) : Mr. Shreyansh Mehta, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 07/08/2025 1. The petitioner has filed the present writ petition, seeking the following reliefs: “(I) That, this Hon'ble Court may kindly be pleased to allow the present writ petition preferred by the petitioner and direct the respondent authorities to remove the anomaly occurred in the service of the petitioner. 3 (ii) That, this Hon'ble Court may kindly be pleased to direct the Respondent authorities to grant pay scale published in the gazette notification dated 14.10.1982. (iii) Alternatively, this Hon'ble Court may kindly be pleased to issue appropriate writ/order/direction similar to order passed in WPS No. 3358 of 2025 in case of Bhojram Nayak and Others v. State of Chhattisgarh granting liberty to petitioner to file a fresh representation and further directing the respondent authorities to consider the same in light of gazette notification dated 14.10.1982 (iv) That any other relief which this Hon'ble Court may deem fit and necessary in the interest of justice may kindly be awarded. (v) That. the Cost of the petition may kindly also be awarded to the petitioner.” 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 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. 4 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, she 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, the writ petition is disposed off. Sd/- (Ravindra Kumar Agrawal) Judge Alok