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2025 DAILYLAW 45625 (CHH)

DR. JYOTI PRAKASH SAMUEL EKKA v. STATE OF CHHATTISGARH

WPS/8312/2024 · 2025-02-17

Shri Amitendra Kishore Prasad

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Judgment text

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Page No.1 2025:CGHC:8528 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8312 of 2024 1 - Dr. Jyoti Prakash Samuel Ekka D/o Joseph Ekka Aged About 43 Years Presently Working As Demonstrator At Chhattisgarh Institute Of Medical Science (C I M S), Bilaspur, District Bilaspur, C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Finance Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur, C.G. 2 - Secretary Health And Family Welfare Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur, C.G. 3 - Director Medical Education, Indrawati Bhawan, Nava Raipur, Atal Nagar, District Raipur, C.G. 4 - Dean Chhattisgarh Institute Of Medical Science (C I M S), Bilaspur, District Bilaspur, C.G. 5 - Joint Director Accounts, Treasury And Pension, Bilaspur Division, Bilaspur, District Bilaspur, C.G. ... Respondent(s) _____________________________________________________________ For Petitioners : Mr. CJK Rao, Advocate. For Respondent/State : Mr. Akanksha Verma Dabhadkar, PL. ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Amitendra Kishore Prasad Order on board 17/02/2025 1. Petitioner has filed this writ petition seeking following reliefs:- “10.1. That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to restore the basic pay w.e.f. 01.01.2016 i.e. Rs.63100/- for petitioner and further fix the running Basic Pay recording to pay matrix for the upcoming year strictly as per the Pay Revision Rules and Circulars, issued by the State Government i.e. Annexure P/2, Annexure P/3 and Annexure P/3. 10.2.That, this Hon’ble Court may kindly be pleased NISHA DUBEY Digitally signed by NISHA DUBEY Date: 2025.02.28 15:27:06 +0530 Page No.2 to direct the respondent authorities to restore the basic pay and provide all the consequential benefits to the petitioner. 10.3. That, this Hon’ble Court may kindly be pleased to grant any other relief as it may deems fit and appropriate.” 2. Learned counsel for the petitioner submits that the petitioner was initially appointed as Demonstrator in the Chhattisgarh Institute of Medical Sciences (CIMS) Bilaspur on the pay-scale of Rs.15600- 39000+Grade Pay of Rs.5400/-/-. Pay of petitioner was revised in the pay-scale as per provisions contained in the Chhattisgarh Revision of Pay Rules, 2017. All of sudden, without even issuing any show-cause notice and without affording opportunity of hearing, in most arbitrary manner, the pay-scale of petitioners has been reduced and fixed at Rs.56,100/-. Petitioner submitted various representations before respondent concerned for correct fixation of his salary, however, till date the pay-scale of petitioner has not been restored. 3. Learned counsel for State submits that the pay-scale of the petitioner has been revised and fixed as per the Chhattisgarh Revision of Pay Rules, 2017. 4. Heard learned counsel for the parties and perused the documents available in record of writ petition. 5. Considering the facts and circumstances of this case, considering the fact that while reducing the pay-scale, the petitioner was not granted any opportunity of hearing, more so, not a single notice has been issued seeking their reply, I am of the view that the impugned action on the part of respondent authorities in reducing pay-scale of the petitioner is in violation of the principles of natural justice. 6. Accordingly, writ petition is allowed. The impugned order dated 16.8.2019 (Annexure P-1) herein is hereby quashed. Petitioner is entitled for consequential relief as per quashing of order dated 16.8.2019. 7. Certified copy as per rules. Sd/- (Amitendra Kishore Prasad ) Judge Nisha