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2025 DAILYLAW 37923 (CHH)

GRAMIN UDDYAN VISTAR ADHIKARI SANGH v. STATE OF CHHATTISGARH

WPS/7830/2023 · 2025-03-26

Shri Bibhu Datta Guru

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Judgment text

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1 2025:CGHC:14498 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7830 of 2023 1 - Gramin Uddyan Vistar Adhikari Sangh A Society Registered Under The Provisions Of The C.G. Society Registration Act, 1973, Through Its Secretary Shishir Kumar Thakur S/o Ghanshyam Singh Thakur, Aged 33 Years, Occupation Service, Presently Posted And Working As Rural Horticulture Extension Officer, Government Horticulture Nursery, Padkidih, Block Bemetara, District- Bemetara (C.G.) Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Agriculture Development And Farmer Welfare And Bio-Technology, Mantralaya Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 2 - Secretary General Administration Department Mantralaya Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 3 - Secretary Department Of Finance, Mantralaya Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 4 - Agriculture Production Commissioner Agriculture Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar, Nawa Raipur, District- Raipur, Chhattisgarh 5 - Directorate Of Horticulture And Farm Forestry Through Its Direcotr, Indravati Bhawan, Atal Nagar, Nawa Raipur, District- Raipur Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. Rajeev Shrivastava, Senior Advocate along with Mr. Sourabh Sahu, Advocate For State : Mr. Vinay Pandey, Dy. AG RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.03.27 18:24:40 +0530 2 (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 26/03/2025 1. The Petitioner is a association of the Rural Horticulture Extension Officer of the State of Chhattisgarh. The members of the association are working and some of them have retired. 2. By way of the present Writ Petitioner, the Petitioner Association is seeking a direction towards the respondent/State to direct the respondents’ authority to grant benefit of Grade Pay 2800/- w.e.f 04/04/2006 as the same has been granted to the Rural Agricultural Extension Officer. 3. Learned senior counsel for the petitioner would submit that in the earlier round of litigation, when some of the members of the association had preferred a writ petition bearing WPS No. 4695/2020, this Court has directed the respondent/State to take a decision in accordance with the Rules and Regulation governing the field as also a per the Government policy. Subsequently, the State Govt. by considering the same, paid Grade Pay 2800/- to the members of the present association w.e.f 18/10/2022, whereas, the members of the petitioners’ association are entitled for the Grade Pay from the date when the Govt. has taken a decision to give Grade Pay of Rs. 2800/- to the Rural Extension Officers of the Agricultural Department. He would submit that since the members of the petitioner’s association are working as Horticulture Extension Officers in the Department of Horticulture, they are also entitled to get Grade Pay w.e.f. 04/04/2006. He would submit that the petitioner who 3 are working in the department of Horticulture has been granted the same benefit w.e.f. 18/10/2022, which is a clear case of discrimination inspite of the fact that govt. has taken a decision to pay the same w.e.f. 04/04/2006. Referring to the note-sheet of the department, it has been submitted that the Govt. on various stages has provided and decided to pay the same in accordance with the order dated 21/10/2014, wherein it has been decided that the Grade Pay shall be given w.e.f. 04/04/2006, but the same is not being followed in the case of the petitioner, despite of the representation made by the petitioner. 4. Learned counsel for the State, on instruction, submits that if the petitioner prefers a fresh representations before the respondent No.5 raising all the grievances made herein, the same shall be considered in accordance with law and after taking into consideration the order dated order dated 21/10/2014, wherein it has been decided that Grade Pay 2800/- will be given to the Agricultural Extension Officer w.e.f 04/04/2006. 5. I have heard learned counsel for the parties and perused the documents annexed with the Writ Petition. 6. In view of the above submissions made by the counsel for the State, this Writ Petition is disposed of with a liberty to the petitioner to approach before respondent No.5 by filing a fresh representation raising all the grounds made herein within a period of 20 days and in case of filing fresh representation by the petitioner, Respondent No.5 is directed to consider the same in accordance with law and shall decide the same by 4 keeping in mind the order dated 21/10/2014, wherein the State Govt. has already taken a decision to give Grade Pay 2800/- to the Agricultural Extension Officer of the Agriculture Department w.e.f 04/04/2006, within a further period of 30 days from the date of receipt of the representation to be filed by the petitioner. The Petitioner is at liberty to apprize respondent No.5 about the order passed by this Court. 7. Accordingly, the Writ Petition is disposed of with the aforesaid directions. Sd/- (BIBHU DATTA GURU) JUDGE Rahul