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2025 DAILYLAW 43813 (CHH)

STATE OF CHHATTISGARH v. IQBAL AHMED

WA/854/2024 · 2025-01-15

Shri Ravindra Kumar Agrawal

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Judgment text

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1 2025:CGHC:2368-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 854 of 2024 1 - State of Chhattisgarh Through Its Secretary, Department of Transport, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nava Raipur, District-Raipur (C.G.) ------(Respondent No.1) 2 - State of Chhattisgarh, Through Its Secretary, Department of Finance, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nava Raipur, District-Raipur (C.G.) ---------(Respondent No. 3) ... Appellants versus 1 - Iqbal Ahmed S/o Lt. Mary Khan, Aged About 58 Years Resident of Rahim Manzil, Behind Punjab Tyres, Moudhapara, Raipur, Tehsil And District- Raipur (C.G.) ---------(Writ Petitioner No.1) 2 - Manjit Singh S/o Prabhat Singh, Resident Quarter No. 187, New Rajendra Nagar, Janta Colony, Ravigrah, Tahsil And District-Raipur (C.G.) ------(Writ Petitioner No.2) 3 - Basheer Ahmed S/o Hidyayattullayh, Resident Of Near Amrit Shishu Mandir, Santosh Nagar, Raipur, Tehsil And District- Raipur (C.G.) ------(Writ Petitioner No.3) 4 - Sidh Nath Gautam S/o Hidyayattullah, R/o Near Amrit Shishu Mandir, Santosh Nagar, Raipur, Tehsil And District-Raipur (C.G.) ------(Writ Petitioner No.4) 5 - Brij Kishore Singh S/o Lt. Ram Awadh Singh, R/o H-73, Shanti Nagar, Irrigation Colony, Raipur, Tehsil And District-Raipur (C.G.) ------(Writ Petitioner No.5) ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.01.15 17:23:47 +0530 2 6 - Santosh Kumar Jha S/o Lt. Channu Lal Jha, R/o Quarter No. H-38, Pwd Colony, Near Panch Sheet Nagar, Raipur, Tehsil And District-Raipur (C.G.) -----(Writ Petitioner No.6) 7 - Chhattisgarh Infrastructure Development Corporation, Through Its Managing Director, Shanstri Chowk, Raipur, Tehsil And District-Raipur (C.G.) -----(Writ Petitioner No.2) ... Respondents (Cause-title taken from Case Information System) For Appellants : Mr. Shaleen Singh Baghel, Dy. G.A. For Respondent No.7 : Mr. Anup Majumdar, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Judgment on Board Per Ramesh Sinha , Chief Justice 15.01.2025 1. Heard Mr. Shaleen Singh Baghel, learned Deputy Government Advocate, appearing for the State/appellants as well as Mr. Anup Majumdar, learned counsel, appearing on behalf of respondent No.7. 2. The present intra Court appeal has been filed by the appellants against the order dated 11.07.2024 passed by the learned Single Judge in WPS No.697 of 2013 (Iqbal Ahmed vs. State of Chhattisgarh) and other connected cases, whereby the learned Single Judge has dismissed the writ petition filed by the writ petitioners. 3. It has been pointed out by learned counsel for the State/appellants as well as learned counsel appearing on behalf of respondent No.7 that in an identical matter, this Court had dismissed Writ Appeal No.622 of 2024 (The Chhattisgarh Infrastructure Development Corporation vs. State 3 of Chhattisgarh & Others) vide order dated 30.09.2024 observing as follows : “9. From perusal of the impugned order and materials available on record it transpires that the learned Single Judge while allowing the writ petition filed by the writ petitioners / private respondent Nos. 3 to 8 has observed that though a decision has been taken vide letter dated 02.03.2012 by the State Government not to make payment of arrears of the revised pay- scale to the employees from 01.01.2006 to 31.10.2011, no reason has been assigned in this regard. The decision appears to be unreasonable, unfair, discriminatory and violative of Articles 14 and 21 of the Constitution of India, as such, relying upon the judgment passed by the Apex Court in Bihar State Beverages Corporation Limited (supra), the learned Single Judge has quashed the Circular dated 02.03.2012 and rightly held that the petitioners would be entitled to get the benefit of the 6th pay commission and other revisions of salary from 01.01.2006 till 31.10.2011 directing the State Authorities to calculate the amount of arrears of salary of the petitioners and to make payment and decide the representation subject to verification of the amount claimed by the petitioners. 10. Considering the aforesaid facts and circumstances of the case,the submissions advanced by the learned counsel for the parties and the finding recorded by the learned 4 Single Judge while dismissing the writ petition filed by the writ petitioner / appellant herein, we are of the considered opinion that the learned Single Judge has not committed any illegality, irregularity or jurisdictional error in the impugned order warranting interference by this Court. 11. Accordingly, the writ appeal being devoid of merit is liable to be and is hereby dismissed. No cost(s).” They further submitted that since the facts and issue involved in the present case is identical to that of Writ Appeal No.622 of 2024, this appeal may also be disposed off in the same terms. 4. Having considered the rival submissions made by learned counsel for the parties and having gone through the materials on record, it is evident that the facts and issue involved in this appeal is identical to Writ Appeal No.622 of 2024, this Court deems it appropriate not to take a view other than what has been taken in Writ Appeal No.622 of 2024. 5. Accordingly, the present appeal is dismissed in terms of the order dated 30.09.2024 passed in Writ Appeal No.622 of 2024 (The Chhattisgarh Infrastructure Development Corporation vs. State of Chhattisgarh & Others). Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Anu