1 2025:CGHC:46304 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 925 of 2025 1 - District Central Cooperative Bank Limited (Jila Sahakari Kendriya Bank Maryadit) Through President/ Chief-Executive Officer, New-Mandi Pandri, Great Eastern- Road, Devendra Nagar Raipur, Chhattisgarh. District Raipur Chhattisgarh. ... Applicant(s) versus 1 - Smt. Seeta Thakur Wd/o Ramesh Kumar Thakur Aged About 55 Years R/o Village Khauna, Post And P.S. Silyari, District Raipur (C.G.) 2 - State Of Chhattisgarh Through Secretary, Co-Operative Societies, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar Chhattisgarh District Raipur Chhattisgarh. 3 - The Registrar Co-Operative Societies, Chhattisgarh, Block 3, Second And Third Floor, Indrawati Bhawan, Mantralaya, Nava Raipur, Atal Nagar Chhattisgarh District Raipur Chhattisgarh. RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 4 - The Additional Registrar Co-Operative Societies, Chhattisgarh, Block 3, Second And Third Floor, Indrawati Bhawan, Mantralaya, Naya Raipur, Atal Nagar Chhattisgarh District Raipur Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Shashank Thakur, Advocate. For Respondent(s) No. 1 : Mr. Varun Sharma, Advocate. For Respondent/State : Mr. Ajay Kumar Pandey, G.A. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 10/09/2025 1. By way of this MCC, the applicant has prayed for following prayer:- “In the circumstances, it is most humbly prayed that Hon'ble Court may be kind enough to consider the present application and clarify / modify the order dated 19/02/2025. passed in WPS No. 5784/2022 and other connected matters and pass a suitable order in the matter so that the order of this lion'ble Court could be complied with in its true letter and spirit by extending the benefit of annual increment to the employees of the applicant Bank, in the interest of justice” 2. Learned counsel for the applicant submits that the applicant Bank is seeking clarification/modification of the order dated 19/02/2025 passed by the Hon’ble Single Bench in WPS No. 5784/2022 and 3 other connected matters, wherein the Hon’ble Court was pleased to allow the writ petitions and directed grant of annual increment to the employees with effect from 01/04/2021. It was submitted that the said order has created a practical difficulty for the applicant Bank in implementing the direction, as the pay scale of employees was revised pursuant to the Registrar’s order dated 06/01/2020 which has now been quashed yet the employees have been drawing salaries under the revised pay scale for over six years. In this backdrop, the applicant seeks clarification as to whether the annual increment is to be calculated on the pre- revised pay scale or the revised pay scale that has been in continuous application since 2020, particularly to ensure pay protection and avoid financial prejudice to the employees. Therefore, in the interest of justice and effective implementation, the applicant prays for appropriate clarification/modification of the said order. 3. On the other hand learned counsel for the respondents opposes the applicant Bank's request for clarification/modification of the Hon’ble Court’s order dated 19/02/2025, as the direction to grant annual increment from 01/04/2021 is clear, unambiguous and does not warrant any interference. The plea of “practical difficulty” arising from the implementation of the order is misplaced and self- contradictory, especially since the Bank itself implemented the revised pay scale from 2020 and continued disbursing salary under it for over six years without objection. Having acquiesced to 4 the revised scale, the Bank cannot now seek to question its basis or limit the benefit of increment to the pre-revised scale. The attempt to seek clarification is, in effect, an effort to reopen settled issues and delay legitimate dues to the employees. Therefore, the present application deserves to be dismissed, and the directions issued by the Hon’ble Court should be implemented as they stand, in the interest of justice and to ensure pay protection for the employees. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Considering the facts and circumstances of the case and further considering the fact that it is made clear that this order has been passed in respect of annual increment to be granted to the petitioner and the other employees are concerned so far as Annexure-A/6 which is annexed with the order dated 6.1.2020 is concerned it will not be affected by this Court. 6. Accordingly, the instant MCC is allowed. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat