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2025 DAILYLAW 47713 (CHH)

C.s.kalchuri v. State Of Chhattisgarh

WPS/3862/2016 · 2025-11-13

Shri Sanjay Kumar Jaiswal

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:55726 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3862 of 2016 1 – C. S. Kalchuri S/o Late Shri Devi Singh Kalchuri, Aged About 69 Years, R/o Aadarsh Nagar, Ward No. 20, Tahsil And District Rajnandgaon, Chhattisgarh. 2 - D. D. Sahu S/o Urvadhar Sahu, Aged About 78 Years R/o Ward No. 47, Basantpur, Rajnandgaon, District Rajnandgaon, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, School Education Department, Mahanadi Bhawan, New Raipur District Raipur Chhattisgarh. 2 - Director, Directorate Of Public Education Department, Bairanbazar, Raipur, District Raipur, Chhattisgarh. 3 - District Education Officer, Rajnandgaon, District Rajnandgaon Chhattisgarh. 4 - Joint Director, Treasury, Accounts And Pension Department, Raipur District Raipur, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Saket Pandey, Adv., on behalf of Mr. Anoop Majumdar, Advocate For Respondent/State : Mr. Vivek Mishra, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2025.11.17 15:53:42 +0530 2 14/11/2025 1. The present writ petition has been filed by the petitioners seeking the following reliefs: i) That this Hon’ble Court may kindly be pleased to set aside/quash the impugned order dated 11.04.2016 and it be declared that the petitioners are entitled for higher pay scale of Rs.7500-250-12000 per month w.e.f. 19.04.1999 and further grant other consequential benefit of revised pay scale ii) That any other relief, which this Hon’ble Court may deem fit and proper together with the cost of the petition. 2. It has not been stated by the learned counsel for the petitioner nor mentioned in the petition that the petitioners have ever made any representation to the Department or the State regarding the relief of higher pay scale which they have sought in this writ petition. 3. Learned counsel for the petitioner referred to a previous writ petition, WPS No. 6320 of 2007, filed by the petitioner Chandrakant Singh Kalchuri, which was decided by order dated 20.11.2012, the relevant paragraph of which is as follows:" “6. In view of the foregoing, this petition is allowed subject to verification of the facts, and the petitioner is entitled to second Kramonnati after completion of 24 years of service, in accordance with circular dated 24.04.2006 read with 17.03.1999/ 19.04.1999. No order as to costs.” 3 4. However, it has also not been stated that the petitioner Chandrakant Singh Kalchuri has made any representation to the Department or the State in pursuance of the said order passed by this High Court. Furthermore, the order dated 11.04.2016, which the petitioners have sought to set aside/quash, does not pertain to the petitioners. Rather, it was issued regarding a different employee, Dalsingar Ram Sharma, who had been denied for the higher pay scale of Rs.7500-12000. 5. Since the petitioners have approached this Court without filing any representation before the concerned authority seeking redressal of their grievance, this Court deems it appropriate to dispose of the writ petition with liberty to the petitioners to prefer a representation within 30 days from today before the concerned respondent authority, who in turn shall consider and decide the same in accordance with the rules and circulars governing the field within a further period of 60 days from the date of receipt of the said representation. 6. Accordingly, the present writ petition stands disposed of with the aforesaid liberty. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai