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2025 DAILYLAW 37682 (CHH)

DR. ROHINI PRASAD v. STATE OF CHHATTISGARH

WPS/8871/2025 · 2025-08-21

Shri Ravindra Kumar Agrawal

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Judgment text

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2025:CGHC:42729 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8863 of 2025 Dr. Bansh Gopal Singh S/o Late Shri Basant Singh Aged About 66 Years Retired Professor, R/o A-3, Vedanta City Boriyakhurd, Kandul Road, Raipur, District Raipur (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Higher Education, Mahanadi Bhawan, Mantralaya Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - Commissioner Higher Education, Govt. Of Chhattisgarh, Raipur, District Raipur (C.G.) 3 - Pt. Ravishankar Shukla University Through Its Registrar, Raipur, District Raipur (C.G.) --- Respondent(s) WPS No. 8871 of 2025 Dr. Rohini Prasad S/o Late Shri Raghuvir Prasad Aged About 65 Years Retired Professor, R/o F.C.I. Colony New Changorabhata Colony, Raipur, District Raipur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Higher Education, Mahanadi Bhawan, Mantralaya Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - Commissioner Higher Education, Govt. Of Chhattisgarh, Raipur, District Raipur (C.G.) 3 - Pt. Ravishankar Shukla University Through Its Registrar, Raipur, District Raipur (C.G.) …Respondents (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Petitioners : Shri Manish Upadhyay, Advocate For Respondent/State : Shri Suyash Dhar Badgayya, Dy GA For Respondent/University : Shri Avinash Mishra, Advocate on behalf of Shri Neeraj Choubey, Advocate ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Digitally signed by V PADMAVATHI Date: 2025.08.26 11:58:14 +0530 Wps 8863 and 8871 of 2025 2 Order on Board 22.08.2025 1. The above petitions involve common questions of law and facts, therefore, they are heard together and are being disposed of by this common order. 2. Learned counsel for the petitioners submits that petitioners are retired employees of Pandit.Ravi Shankar Shukla University, Raipur. He further submits that benefit of 7th Pay Scale was extended to petitioners before their superannuation but their pension has not been fixed as per the 7th Pay Scale despite repeated representations. He further contends that a direction may be issued to the respondent authorities to consider the claim of the petitioners accordingly. 3. On the other hand, learned counsel appearing for the University submits that the Registrar of the University has already taken decision to extend benefit of 7th Pay Scale in calculating pension payable to the petitioners vide letter dated 16.05.2023 and the matter has been referred to the State Government to take appropriate decision. He further submits that now the ball is in the Court of the State, and it is the competent authority to decide the claim of petitioners. 4. Shri SP Kale, learned Addl Advocate General for the State submits that as the matter is pending consideration before respondent-1, appropriate decision would be taken expeditiously, and strictly, in accordance with law. 5. Heard learned counsel for the parties. 6. Taking into consideration the submission made by learned counsel for respective parties, these petitions at this juncture are disposed of directing respondent-1, to take decision on recommendation made by respondent-3/Registrar of the University dated 15.05.2023 with respect to granting benefit of 7th Pay Scale in pension payable to the petitioners, preferable within a period of 120 days from the date of receipt of copy of this order. The authorities concerned are also directed to Wps 8863 and 8871 of 2025 3 keep in mind the judgment passed by the coordinate Bench of this Court in WPS- 196 of 2011, parties being Santosh Kumar Upadhyay & Others Vs State of Chhattisgarh and others. 7. With the aforesaid observation(s), these writ petitions stand disposed of. Sd/- (Ravindra Kumar Agrawal) JUDGE padma