1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5766 of 2022 1 - Shiv Kumar Sonteke S/o Sh. Sharavan Kumar Sonteke Aged About 46 Years R/o Ward No. 14, House No. 122, Shahid Chowk, Dallirajhara, Dondi, District Balod Chhattisgarh 2 - Tukeshwar Kumar Sahu S/o Sh. Bisauha Ram Sahu Aged About 43 Years R/o H. No. 3/1, Ward No. 3, Khaira, Rajnandgaon, District Rajnandgaon Chhattisgarh 3 - Dileep Kumar Sahu S/o Shri Premlal Sahu Aged About 42 Years R/o Chiwri, Dhamtari, District Dhamtari Chhattisgarh ... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare Mahanadi Bhawan, Atal Nagar, Police Station-Rakhi, New Raipur, District Raipur Chhattisgarh 2 - Director Directorate Of Medical Education, Old Nurses Hostel, D K S Bhawan, Raipur, District Raipur Chhattisgarh 3 - Dean Government Medical College, Rajnandgaon, District Rajnandgaon Chhattisgarh ... Respondent(s) For Petitioners : Mr. Sajal Kumar Gupta, Advocate For Respondent(s) : Ms. Shailja Shukla, Dy. G.A. Hon'ble Shri Justice Sachin Singh Rajput Order On Board 15.09.2025 1. The petitioners have filed this writ petition seeking for the following relief(s); 10.1 The Hon'ble Court may kindly be pleased to direct the respondent authorities to grant the revised pay-scale of Rs. 5200- 20200/- and grade pay of Rs. 1800/- from the initial date of appointment of the petitioners. 10.2. The Hon'ble Court may kindly be pleased to direct the respondent authorities to pay interest @ 18 percent annum on the 2 arrears of difference of pay from date of initial appointment till the date of realisation. 10.3. Any other relief, which this Hon'ble Court deems fit and proper, may also be awarded to the Petitioner including the cost of the petition. 2. The case in a nutshell is that the petitioners are serving as Pump Attendants in respondent No. 3 College pursuant to their appointment vide order dated 14.05.2018, on the pay scale of Rs. 4750-7440/- with grade pay of Rs. 1300/-. It is submitted that the aforesaid pay scale had already been revised by the State Government vide order dated 23.06.2015, whereby Pump Attendants in other Government Medical Colleges are being paid in the revised pay scale of Rs. 5200-20200/- with grade pay of Rs. 1800/-. The petitioners, by way of the present writ petition, call in question the arbitrary action of the respondent authorities in continuing to pay them the unrevised pay scale of Rs. 4750-7440/- with grade pay of Rs. 1300/-, despite the State Government’s revision of the pay scale. Such action is discriminatory and violative of the petitioners’ rights. Accordingly, the petitioners claim fixation in the revised pay scale of Rs. 5200-20200/- with grade pay of Rs. 1800/-, arrears of the differential amount from the date of their appointment, along with interest, 3. Learned counsel for the petitioners submits that the petitioners are working as Pump Attendants in the Government Medical College, Rajnandgaon, and are presently drawing the pay scale of Rs. 4750-7440/- with grade pay of Rs. 1300/-. He submits that similarly situated Pump Attendants in Late Shri Lakhiram Agrawal Memorial Government Medical College, Raigarh (C.G.) are being paid in the revised pay scale of Rs. 5200-20200/- with grade pay of Rs. 1800/-. It is further submitted that the petitioners and their counterparts in Late Shri Lakhiram Agrawal Memorial Government Medical College, Raigarh (C.G.) are discharging the same duties and responsibilities, and therefore, the petitioners are also entitled to the same revised pay scale. Earlier, the Pump Attendants of the said Medical College at Raigarh were also drawing the pay scale of Rs. 4750-7440/- with grade pay of Rs. 1300/-, however, the State Government granted approval for revision of their pay scale to 3 Rs. 5200-20200/- with grade pay of Rs. 1800/- and accordingly issued an order dated 02.07.2015 (Annexure P/4). Learned counsel further submits that for revision of the petitioners’ pay scale, a proposal and recommendation have already been made by respondent No. 2 to respondent No. 1, as reflected in Annexures P/7 and P/8. However, despite such recommendations, the State has failed to take any decision. On account of this inaction, the petitioners are being subjected to hostile discrimination. It is therefore submitted that the action of the respondents is arbitrary, discriminatory, and violative of Articles 14 and 16 of the Constitution of India. Hence, the present writ petition deserves to be allowed and the reliefs as prayed for may kindly be granted. 4. A reply has been filed on behalf of the State Government, wherein it has been stated that the petitioners have been paid in accordance with the prescribed pay scale as per the set-up of the Government Medical College, Rajnandgaon. 5. Opposing the submissions advanced on behalf of the petitioners, learned State counsel submits that the petitioners were appointed in terms of the sanctioned set-up of the Government Medical College, Rajnandgaon, as reflected in Annexure R/1, and in accordance therewith, they are being paid the pay scale of Rs. 4750-7440/- with grade pay of Rs. 1300/-. She further submits that, as per the reply of the State, the proposal and recommendations forwarded by respondent No. 2 to respondent No. 1 are under active consideration before the State Government. 6. I have heard learned counsel for parties and perused the documents available on record. 7. There is no dispute to the fact that Shri Lakhiram Agrawal Memorial Government Medical College, Raigarh (C.G.) and Government Medical College, Rajnandgaon are both institutions functioning under the control and management of the State Government. It is also not in dispute that the petitioners, who are working as Pump Attendants in the Government Medical College, Rajnandgaon, are performing duties and responsibilities identical in nature to those discharged by their counterparts in the 4 Government Medical College, Raigarh. 8. From the record, and particularly from Annexures P/4 and P/5, it clearly emerges that the Pump Attendants at the Government Medical College, Raigarh were initially placed in the same pay scale of Rs. 4750-7440/- with grade pay of Rs. 1300/-, as is presently being paid to the petitioners. However, pursuant to the approval and decision of the State Government, their pay scale was revised to Rs. 5200-20200/- with grade pay of Rs. 1800/-, and such benefit has already been extended to them. It is further evident that recommendations and proposals were duly forwarded by respondent No. 2 to respondent No. 1 for extending the same revised pay scale to the petitioners. Despite such recommendations, the State Government has failed to take any final decision in the matter. The continued denial of the revised pay scale to the petitioners, despite parity of duties and responsibilities with their counterparts in Raigarh, results in hostile discrimination and violates the constitutional mandate enshrined under Articles 14 and 16 of the Constitution of India, which guarantee equality before law and equal treatment in matters of public employment. 9. Thus, this Court finds that the action of the respondents in withholding the revised pay scale from the petitioners, despite clear precedent and specific recommendations, is arbitrary, unjustified, and discriminatory. The petitioners cannot be denied the benefit which has already been granted to similarly situated Pump Attendants in another Government Medical College under the same State administration. Therefore, the petitioners are held to be entitled to receive the revised pay-scale as has been given to their counterparts in Late Lakhiram Memorial College, Raigarh (CG) from the date of such recommendation/proposal made by respondent No. 2 to respondent No. 1 i.e. 14.12.2020. Consequence to follow. 10. With the aforesaid observations and directions, the writ petition stands allowed. Sd/- (Sachin Singh Rajput) Judge H.Ansari HIFZURRAHMAN ANSARI Digitally signed by HIFZURRAHMAN ANSARI Date: 2025.09.18 17:04:53 +0530