1 2025:CGHC:19607 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 403 of 2019 1 - Kundan Jha S/o Shri Phoolendra Jha Aged About 28 Years Assistant Librarian, High Court Of Chhattisgarh, Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh 2 - Smt. Sangeeta Ekka W/o Shri Jelacius Ekka Aged About 38 Years Assistant Librarian, High Court Of Chhattisgarh, Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh 3 - Smt. Anjali Bajpai W/o Shri C.N. Bajpai Aged About 40 Years Assistant Librarian, High Court Of Chhattisgarh, Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh 4 - Vinay Prakash Ekka S/o Shri Tarcius Ekka Aged About 46 Years Assistant Librarian, High Court Of Chhattisgarh, Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh 5 - Smt. Indu Rani Hemrom W/o Shri Niyaran Hemrom Aged About 38 Years Assistant Librarian, High Court Of Chhattisgarh, Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh ... Petitioners versus 1 - State Of Chhattisgarh Through The Principal Secretary, Department Of Law And Legislative Affairs, Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh. 2 - State Of Chhattisgarh Through The Secretary, General Administration Department, Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh. 3 - The High Court Of Chhattisgarh Through Its Registrar General High Court Of Chhattisgarh Bodri, Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh.] 4 - The Additional Secretary, Department Of Law And Legislative Affairs, Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh. ... Respondents (Cause title taken from Case Information System) 2 For Petitioners : Mr. Animesh Verma, Adv. For State/Respondents No.1, 2 & 4 For Respondent No.3 : : Mr. Rajeev Bharat, Govt. Adv. Mr. Anurag Dayal Shrivastava, Adv. (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 30/04/2025 1. With the consent of both the parties, the matter is heard finally. 2. This petition has been preferred by the petitioners, who are posted on the post of Assistant Librarian in the Establishment of High Court of Chhattisgarh, seeking grant of pay scale of Rs.9300-34800+4400 Grade Pay, to them w.e.f. 30.06.2012 as per the recommendation dated 23.05.2017 (Annexure-P/10) made by the High Court of Chhattisgarh. 3. Facts of the case, in nutshell, as projected by petitioners are that they were appointed on the post of Assistant Librarian in the High Court of Chhattisgarh vide order dated 13-12-2014, 15-12-2005, 28-12-2006, 02-01-2007 and 09-02-2015 respectively. Service conditions of the petitioners are governed by the C.G. High Court Establishment (Appointment and Conditions of Service) Rules, 2003 (henceforth referred to as “High Court Rules, 2003”) and pay scale granted to the employees of the establishment of High Court including the petitioners as per Rule 15 (1) will be as mentioned in the First Schedule (Part XII) of the High Court Rules, 2003. As per provisions of the Rule 15 (2), “all other allowances and facilities” provided to the officers / employees of the establishment of High Court including the petitioners would be equal to the corresponding class/grade of the employees in the State 3 Government Secretariat. 4. Learned counsel for the petitioners referring to his pleadings would submit that vide Chhattisgarh Gazette Notification dated 30.06.2012 (Annexure-P/2), officials holding post of Assistant Librarian in the Secretariat of State Government of Chhattisgarh are being granted pay scale of Rs.9300-34800+4400 Grade Pay and as per the High Court Rules, 2003, the post of Assistant Librarian of the Establishment of the High Court are corresponding post to the post of Assistant Librarian of the State Government Secretariat, therefore, in view of part XII, Second Schedule of the High Court Rules, 2003 Assistant Librarian posted in the Establishment of the High Court are also entitled for aforesaid pay band as of the Assistant Librarian of the State Government Secretariat. It is further submitted that firstly, vide communication dated 28.10.2015 (Annexure-P/5) and subsequent communication dated 23.05.2017 (Annexure-P/10), the High Court of C.G. after approval of Hon’ble the Chief Justice, has recommended to the State Government to grant aforesaid pay scale to the Assistant Librarians posted in the Establishment of High Court w.e.f. 30.06.2012, but despite that communications, said pay scale was not granted by the State Government, therefore, instant petition was filed by the petitioners. Thereafter, vide order dated 06.02.2020 (Annexure-R/1), the State Government accepted recommendation in part and granted aforesaid pay scale to the Assistant Librarians of the Establishment of High Court, but w.e.f. 05.02.2020. No reason was assigned by the State Government as to why complete recommendation of the High Court was not accepted. He further submitted that after filing reply to instant petition by the State Government, vide order dated 25.06.2024 4 (Annexure-R/2), the State Government modified the date of granting aforesaid pay scale and granted since 07.10.2015, but again compliance of some part of recommendation of the High Court was left, as it was not granted from 30.06.2012, as was recommended by the High Court. Learned counsel further submitted that since the post of Assistant Librarian of the High Court Establishment are corresponding post to the post of Assistant Librarian of the State Government Secretariat, as such, petitioners are also entitled to get the aforesaid pay scale from the date i.e. 30.06.2012, as has been granted to the Assistant Librarians posted in the State Government Secretariat. 5. State has filed its reply stating inter alia that, in pursuance of communication (Annexure-P/10) of the High Court, pay scale of Rs.9300-34800+4400 Grade Pay is being granted to the petitioners. Subsequently, vide order dated 25.06.2024, granting said pay scale was modified and they were granted aforesaid pay scale since 07.10.2015. Learned counsel would further submit that since there was no financial approval from finance department for granting amended pay scale since 30.06.2012, therefore, it was not granted to the petitioners from said date i.e. 30.06.2012. 6. Mr. Anurag Dayal Shrivastava, learned counsel appearing for respondent No.3 supported the contention made by learned counsel for the petitioners. 7. I have heard learned counsel for the parties and perused the material available on record. 8. While making first communication / recommendation (Annexure-P/5) dated 28.10.2015, Rules namely “Chhattisgarh High Court Establishment (Appointment and Conditions of Service) Rules, 2003” 5 was effective. Subsequently, aforesaid rules was substituted by new rules namely “Chhattisgarh High Court Services (Appointment, Conditions of Service and Conduct) Rules, 2017” (henceforth referred to as “High Court Rules, 2017”). 9. Undisputedly, as per the High Court Rules, 2003 as also High Court Rules, 2017, the post of Assistant Librarian sanctioned in the Establishment of High Court is corresponding post to the post of Assistant Librarian of the State Government Secretariat. In this regard, Rule 14 of the High Court Rules, 2017 is quoted as under :- “14. Pay and Allowances- (1) The pay band and grade pay of all the members in various grade/class of the service shall be as mentioned in the First Schedule & Second Schedule and they will be entitled to such allowances and other benefits as payable to the officers & employees of the State Government Secretariat of the corresponding class/grade, subject to such amendments and variations as may be made by the Chief Justice from time to time with the approval of the Governor where such approval is necessary. The pay and allowances indicated in the said schedules shall stand amended as and when pay band, grade pay and allowances are revised for the officers & employees of the State Government Secretariat of the corresponding class/grade. (2) The holders of posts specified in second column of First & Second Schedule shall also be paid all other allowances and provided with the facilities, which are payable and available to the corresponding posts in the State Government Secretariat. Provided that the pay band & grade pay provided in the sixth column of First Schedule and seventh column of Second Schedule shall be subject to revision by the Chief Justice from time to time with the approval of the Governor. 6 10. Perusal of aforesaid rules specifically shows that whenever any change is made by the State Government with regard to any pay band, grade pay and allowances payable to employees/officers of its Secretariat, then it shall also be applicable to the employees/officers of corresponding class/grade of establishment of High Court. Even in the High Court Rules, 2003, which was applicable prior to year 2017, it was provided in Rule 16, that in the event of insufficiency of any provision in the High Court Rules, the rules and orders for the time being in force and applicable to the government employees holding corresponding posts in the State Government Secretariat shall be applicable subject to such modifications, variations or exceptions, if any, as the Chief Justice may, from time to time specify. 11.In instant case, after order of Hon’ble the Chief Justice of High Court of C.G., firstly vide communication/recommendation dated 28.10.2015 (Annexure-P/5), the High Court requested State Government that since, as per part XII, Second Schedule of the High Court Rules, 2003, the post of Assistant Librarian of the High Court are corresponding post to the post of Assistant Librarian of the State Government Secretariat, therefore, in view of part XII, Second Schedule of the High Court Rules, 2003, Assistant Librarian posted in Establishment of High Court are entitled for the payment of Rs.9300-34800+4400 Grade Pay as has been sanctioned to the Assistant Librarian of the Secretariat of Chhattisgarh Government vide Chhattisgarh Secretariat Service Recruitment Rules, 2012. Reminder was sent vide Annexure-P/6 dated 05.02.2016. But vide communication Annexure-P/7 dated 09.03.2016, request was turned down by the State Government. Thereafter, in 7 pursuance of order of Hon’ble the Chief Justice, High Court again requested vide memo Annexure-P/10 dated 23.05.2017 for enhancement of pay scale of Assistant Librarian posted in the Establishment of High Court from Rs. 5200-20200+2800 Grade Pay to Rs.9300-34800+4400 Grade Pay as was amended / enhanced to the Assistant Librarian posted in Mantralaya / State Secretariat, w.e.f. 30.06.2012. After that communication, the State Government in- principle accepted that request and granted aforesaid pay scale to the Assistant Librarian posted in the High Court Establishment, but it was sanctioned from 05.02.2020. Subsequently, vide order dated 25.06.2024 (Annexure-R/2), it was made effective from modified date i.e. 07.10.2015. 12. As per rules reproduced here-in-above, Hon’ble the Chief Justice is a competent authority to prescribe the pay scale/allowances of employees of Establishment of High Court and revise the same from time to time with the approval of the Governor. The rules further provide that, the post of Assistant Librarian of the High Court is corresponding post to the post of the State Government Secretariat and the High Court Rules, 2017 further provides that pay, allowances and other facilities payable and available to the officers/employees holding corresponding posts in the State Government Secretariat shall also be payable to the officers/employees of the corresponding class/grade and recommendation for sanctioning aforesaid pay scale was also recommended by the High Court after approval of Hon’ble the Chief Justice and the same was also accepted in-principle by the State Government, then, it is beyond comprehension that, why it was accepted in part by the State Government, which was subsequently 8 modified also, but again in part. No valid reason has been assigned by the State Government for not sanctioning / granting said pay scale to the Assistant Librarian posted in the High Court Establishment w.e.f. 30.06.2012, whereas employees holding corresponding post in the State Government Secretariat are being granted that pay scale since 2012 i.e. after publication of Chhattisgarh Gazette Notification (Annexure-P/2). 13. Thus since, status of the officers/employees posted in the High Court Establishment and State Government Secretariat holding corresponding class/grade is similar and as per the High Court Rules, the officers/employees posted in the High Court Establishment are entitled to get pay scale, allowances and facilities at par with officers/employees holding corresponding posts in the State Government Secretariat and the State Government has already sanctioned aforesaid pay scale to the Assistant Librarian posted in its Secretariat vide Chhattisgarh Gazette Notification dated 30.06.2012 and in pursuance of that, Hon’ble the Chief Justice has also sanctioned that pay scale to the Assistant Librarian posted in the High Court Establishment in accordance with the High Court Rules, therefore, Assistant Librarians posted in the High Court Establishment are also entitled to get similar pay scale of Rs.9300-34800+4400 Grade Pay w.e.f. 30.06.2012. Hence, this petition deserves to be allowed. 14. Consequently, this petition is allowed. Respondents No.1 & 2 are directed to grant pay scale of Rs.9300-34800+4400 Grade Pay from the date of 30.06.2012 to the petitioner No.2, 3 & 4, who joined on the said post prior to year 2012 and petitioner No.1 & 5, who joined said post after 2012, be granted aforesaid pay scale from the date of their 9 joining on said post. Respondent authorities are directed to comply with the order within a period of 90 days from the date of receipt of copy of this order. 15. Accordingly, the instant writ petition is allowed to the extent indicated here-in-above. Sd/- (Naresh Kumar Chandravanshi) JUDGE Rukhsar RUKHSAR BANO Digitally signed by RUKHSAR BANO Date: 2025.05.05 15:07:54 +0530