Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:15519
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8837 of 2023 1 - Rakesh Singh S/o Late R.D. Singh Aged About 52 Years Working On The Post Of Pharmacist Grade-II At Employee State Insurance Services, Center Bhilai, R/o House No. 181 A, Road No. 22, Sector- 2, Bhilai, District : Durg, Chhattisgarh 2 - Satyendra Mishra S/o Late S. K. Mishra Aged About 51 Years Working On The Post Of Pharmacist Grade-II At Employee State Insurance Services, Center Nandani Road, R/o House No. 7/ B, Road No. 16, Sector- 7, Bhilai, District : Durg, Chhattisgarh 3 - Tapan Kumar Sen S/o Late P. R. Sen Aged About 60 Years Working On The Post Of Pharmacist Grade-II At Employee State Insurance Services, Center Nandani Road, R/o House No. 17g, 59, M. P. Housing Board, Bhilai, District : Durg, Chhattisgarh 4 - Ramesh Kumar Kosre S/o Late Dukhit Ram Kosre Aged About 51 Years Working On The Post Of Pharmacist Grade-II At Employee State Insurance Services, Center Nandani Road, R/o House No. C, Plot No. 10, Risali Sector, Bhilai, District : Durg, Chhattisgarh 5 - Vashisht Ram S/o Kalika Prasad Aged About 44 Years Working On The Post Of Pharmacist Grade-II At Employee State Insurance Services, Center Nandani Road, R/o Subhash Vegetable Market, Camp-2, Shop No. 69, Power House, Bhilai, District: Durg, Chhattisgarh SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.04.02 17:50:44 +0530
2 / 4 6 - Hiteshwari Bhandari W/o Daneshwar Kumar Aged About 35 Years Working On The Post Of Pharmacist Grade-II At Employee State Insurance Services, Center Nandani Road, R/o House No. 1/ D, H Pocket, Maroda Sector, Bhilai, District : Durg, Chhattisgarh
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Labour Department, Mantralay, Mahanadi Bhawan Naya Raipur, District : Raipur, Chhattisgarh 2 - The Secretary, General Administration Department, Mantralay, Mahanadi Bhawan Naya Raipur, Atal Nagar, P.O. And P.S. Naya Raipur, District : Raipur, Chhattisgarh 3 - The Director, Employees State Insurance Services, Indrawati Bhawan, Block-C, 2nd Floor, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh 4 - The Insurance Medical Officer, Employee State Insurance Service, Raipur, District : Raipur, Chhattisgarh ... Respondents (Cause title is taken from Case Information System) For Petitioners : Mr. V. K. Pandey, Advocate For Respondents/ State : Mr. Ajit Singh, Govt. Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 02/04/2025
1. By the present writ petition, the petitioners, who are working on the post of Pharmacist Grade-II under the respondent Department i.e. Employee State Insurance Service, are seeking grant of pay scale of Rs.5200-20200+2400 Grade pay w.e.f. 01/04/2006.
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2.
Learned counsel appearing for the petitioners, by referring the
judgment dated 29/09/2023 passed by the Coordinate Bench of this Court in WPS No.1289/2023 which was filed by the other similarly situated employees of the Jail Department, would submit that the abovementioned writ petition was allowed directing the respondents to grant pay scale to the said employees equivalent to the pay scale granted to Pharmacist Grade-II of the Health Services Department as per Schedule A of the order dated 22/07/2011 from the date it fell due to them. He further submits that the claim of the petitioners was recommended by the respondent No.4/ Insurance Medical Officer vide communication dated 04/12/2020 to the respondent No.3/ Director, Employee State Insurance Services, however, till date, the representation/ claim of the petitioners as well as the recommendation of respondent No.4 has not been considered by the respondent No.3 and the benefit of pay scale of Rs.5200-20200+2400 Grade pay w.e.f. 01/04/2006 is not being granted to the petitioners till date.
3.
Learned counsel appearing for the State would submit that though the representation of the petitioners and also the recommendation of the Insurance Medical Officer has been sent to Respondent No.3 but no decision has been taken on the said recommendation as well as on the representation of the petitioners. He submits that if the representation of the petitioners is still pending, the respondent No.3 shall consider the same in accordance with the relevant Rules and the recommendation made by the respondent No.4, within the stipulated period.
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4. I have heard learned counsel for the parties and perused the documents as well as the pleadings made by the petitioners.
5. From perusal of the pleadings, it appears that the representation/ claim of the petitioners has been recommended by the respondent No.4 to the respondent No.3 vide communication dated 04/12/2020 (Annexure P/7), however, till date, no decision has been taken by the respondent No.3.
6. In view of the above, the petitioners are directed to approach the respondent No.3 by filing a fresh representation raising their grievance alongwith the recommendation letter dated 04/12/2020, within a period of 15 days. In the event of filing of such representation, the respondent No.3 is directed to consider the representation to be submitted by the petitioners in accordance with the relevant Rules, recommendation of the respondent No.4 and the decision passed by this Court in WPS No.1289/2023, within a period of 60 days from the date of submission of the representation.
7. With the aforesaid direction, the Writ Petition stands disposed of. Sd/- (BIBHU DATTA GURU)
JUDGE $. Bhilwar