1 2025:CGHC:51099 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 278 of 2020 1 - Smt. Asha Verma W/o Virendra Verma Aged About 37 Years Presently Posted As Lab Technician At Cims Bilaspur R/o Village Kadar, Bhatapara, Tahsil Bilha, District Bilaspur Chhattisgarh., 2 - Umesh Kumar Patel S/o Kalicharan Patel Aged About 36 Years Presently Posted As Lab Technician At Lakhiram Agrawal Medical College Raigarh R/o Village Dhangam, Tahsil Pussore, District Raigarh Chhattisgarh., 3 - Rajkumar Suman S/o Chuna Ram Aged About 31 Years Presently Posted As Lab Technician At Lakhiram Agrawal Medical College Raigarh R/o Village Newraband, Tahsil Pamgarh, District Janjgir Champa Chhattisgarh., 4 - Panparmeshwari Dewdas W/o Kamalkant Dewdas Aged About 30 Years Presently Posted As Lab Technician At Lakhiram Agrawal Medical College Raigarh R/o New Changorabhata Raipur Tahsil And District Raipur Chhattisgarh., 5 - Madhu Rajput W/o Omprakash Singh Aged About 37 Years Presently Posted As Lab Technician At B.R. Ambedkar Hospital Raipur R/o Arihant Raipur, Tahsil And District Raipur Chhattisgarh., 6 - Gautam Kumar Yadaw S/o Duryodhan Yadaw Aged About 37 Years Presently Posted As Lab Technician At Lakhiram Agrawal Medical College Raigarh R/o Village Kodasiya, Tahsil Lailunga District Raigarh Chhattisgarh., 7 - Ramkumar Khairwar S/o Samalliya Prasad Aged About 34 Years Presently Posted As Lab Technician At Lakhiram Agrawal Medical College Raigarh R/o Village Saraipali, Post Bhaistra District Janjgir Champa Chhattisgarh., KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2025.10.16 11:14:00 +0530 2 8 - Kamlesh Kumar Nishad S/o Jagat Ram Nishad Aged About 36 Years Presently Posted As Lab Technician At Lakhiram Agrawal Medical College Raigarh R/o Adarsh Nagar, Kawardha, District Kabirdham Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh 9 - Khushvant Singh S/o Bhagwali Aged About 31 Years Presently Posted As Lab Technician At Lakhiram Agrawal Medical College Raigarh R/o Village Naqour Post Nimdha, District Bilaspur Chhattisgarh., ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Health And Family Welfare Department Mantralaya, Mahanadi Bhawan, Naya Raipur, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Director Medical Education Raipur Chhattisgarh., 3 - Dean Late Shri Lakhi Ram Agrawal Memorial Government Medical College, Raigarh Chhattisgarh. ... Respondent(s) For Petitioner(s) : Miss Diksha Gouraha with Mr. Danish Ahmad Siddiqui, Advocates. For Respondent(s) : Shri Rajeev Bharat, Govt. Advocate. Hon'ble Shri Deepak Kumar Tiwari, J Order On Board 14/10/2025 : 1. The present Writ Petition has been filed for grant of Grade Pay of 2800 to the petitioners who are holding the post of Lab Technician. 2. Necessary facts of the case are that an advertisement for appointment on the post of Lab Technician was issued by respondent No.3, which was published on 2nd May, 2014. In the said advertisement, the pay scale for the subject post has been prescribed as Rs.5200-20,200 with grade pay of 2800 and the 3 number of posts has been mentioned as 26. In the aforesaid advertisement, no different pay scale has been mentioned. When the petitioners were selected and appointment orders were issued, the same mentions the grade pay of 2400. The Medical Education Department has framed the Rules namely, Chhattisgarh Chikitsa Shiksha Vibhag Alipik Vargiya (Sanchnalaya Chikitsa Shiksha Vibhag Se Sambandhit) Tritiya Shreni Seva Bharti Niyam, 2015 (hereinafter refers to as ‘the Rules, 2015’) and the same has been published in the Chhattisgarh Gazette on 25th September, 2015 (Annexure-P/3). In Schedule I at S. No.28, for the post of Lab Technician, Grade Pay of 2800 has been prescribed. The petitioners have preferred a representation for change/increase of Grade Pay from 2400 to 2800, as the similarly situated other Lab Technicians are getting the Grade Pay of 2800. Hence this petition. 3. On 15.9.2025, this Court has sought an affidavit of the concerned Dean of the Medical College. In compliance of the order passed by this Court, the concerned Dean of the Medical College has filed the affidavit. In the said affidavit, it has been explained that the Department of Health and Family Welfare, Government of Chhattisgarh, vide order dated 30th March, 2013 sanctioned 13 posts of Lab Technician in the Grade Pay of 2800 in respect of Medical College, Raigarh. Vide order dated 7th May, 2013, 10 additional posts of Lab Technician were sanctioned in the Grade Pay of 2400 4 and 3 posts with Grade Pay of 2800. It has been further explained that after the selection process in accordance with the merit, appointment orders were issued to 20 candidates mentioning the Grade Pay of 2800 and the remaining 10 candidates were appointed in the Grade Pay of 2400. The said anomaly occurred only on account of sanctioned structure of posts as per the Government’s order dated 30th March, 2013 and 7th May, 2013. 4. When a query is put to learned State Counsel, he fairly admits that in other medical colleges of the State, the Lab Technicians are being paid the Grade Pay of 2800 as per Rules and the said anomaly has been arisen only due to different sanctioned structure of posts for different Grade Pay, though the qualification and the nature of duties are same. 5. In the case at hand, the post of Lab Technician has been published/advertised for 26 vacancies with Grade Pay of 2800. After selection of the petitioners, they have been appointed in the lower Grade Pay of 2400. It is not in dispute that in some medical colleges where the qualifications and the nature of duties are same, Grade Pay of 2800 is being paid for the same post, 6. It is very difficult for this Court to understand as to how 2 different set up for different pay scale has been created, though the subject Rules, which were framed in the year 2015, clearly prescribes the Grade Pay of 2800 for the subject post at S. No.28 of Schedule I. 5 Accordingly, this Court deems it appropriate to direct the respondents to equate/refix the Grade Pay of 2800 for the post of Lab Technician in respect of the petitioners from the date of joining on the post of Lab Technician. Ordered accordingly. 7. The State/respondents are further directed to release the arrears within a period of 2 months from the date of receipt of a copy of this order, with simple interest @ 6% per annum. It is also directed that the future Pay Fixation be done accordingly. 8. For the foregoing, the Writ Petition is allowed. Sd/- (Deepak Kumar Tiwari) Judge Barve