1 2025:CGHC:20320 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5147 of 2017 1 - Chintaram Yadav S/o Parshuram Yadav Aged About 47 Years R/o Village Dhotiya, P/s Doundi, District Balod, Chhattisgarh., Chhattisgarh 2 - Kamleshwar Thakur S/o Sukhram Aged About 46 Years R/o Village Markatola, P/s Doundi, District Balod, Chhattisgarh., District : Balod, Chhattisgarh 3 - Doman Singh Sihare S/o Dwarikaram Sihare Aged About 38 Years R/o Village Pateli, P/s Doundi, District Balod, Chhattisgarh., District : Balod, Chhattisgarh 4 - Rupsingh Bhuaarya S/o Manbodh Ram Aged About 47 Years R/o Village Chikhli, P/s Doundi District Balod, Chhattisgarh., District : Balod, Chhattisgarh 5 - Devkumar S/o Shri Bholaram Aged About 42 Years R/o Village Marartola Chhindgaon , P/s Doundi, District Balod, Chhattisgarh., District : Balod, Chhattisgarh 6 - Dinesh Kumar S/o Ramjharokha Aged About 42 Years R/o Village Rengadabari, District Balod, Chhattisgarh., District : Balod, Chhattisgarh 7 - Virendra Kumar Sahu S/o Joidha Ram Sahu Aged About 32 Years R/o Village Khallari, P/s Balod, District Balod, Chhattisgarh., District : Balod, Chhattisgarh 8 - Uday Kumar S/o Rajaram Aged About 28 Years R/o Village Dallirajhara, P/s Dallirajhara, District Balod, Chhattisgarh., District : Balod, Chhattisgarh 9 - Anita Raote W/o Deepak Kumar Raote R/o Village Dhotimtola Darutola , P/s Doundi District Balod, Chhattisgarh., District : Balod, Chhattisgarh SMT NIRMALA RAO 2 10 - Pyare Lal S/o Kirshna Ram Aged About 32 Years R/o Village Khallari, P/s Doundi District Balod, Chhattisgarh., District : Balod, Chhattisgarh 11 - Bhojram Sahu S/o Ram Jharokha Sahu Aged About 49 Years R/o Village Marartola, P/s Doundi, District Balod, Chhattisgarh., District : Balod, Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretay, Department Of Aadim Jati And Anusuchit Jati Vikas, Mantralaya Mahanadi Bhawan, Naya Raipur, Chhattisgarh., Chhattisgarh 2 - Commissioner, Department Of Aadim Jati And Anusuchit Jati Vikas, Chhattisgarh, Raipur., District : Raipur, Chhattisgarh 3 - Assistant Commissioner, Tribal Developmnet Department, Balod, District Balod, Chhattisgarh., District : Balod, Chhattisgarh --- Respondent(s) with WPS No. 5254 of 2017 1 - Lachhman Singh Pisda S/o Chaleram Aged About 34 Years R/o Village Bharritola P.S. Doundi Lohara District Balod Chhattisgarh , Chhattisgarh 2 - Agahan Singh Pisda S/o Tikaram Aged About 35 Years R/o Village Bharritola P/s Doundi Lohara District Balod Chhattisgarh , District : Balod, Chhattisgarh 3 - Ramcharan S/o Rameshwar R/o Village Khaira, P/s Doundi Lohara District Balod Chhattisgarh 4 - Anup Kumar Gawde S/o Narpat Singh Gawde Aged About 34 Years R/o Village Lulkajhar P/s Doundi Lohara, District Balod Chhattisgarh , District : Balod, Chhattisgarh 5 - Narad Lal Kosma S/o Manbodh Singh Kosma Aged About 35 Years R/o Village Pidiyal P.S. Doundi Lohara, District Balod Chhattisgarh , District : Balod, Chhattisgarh 6 - Narendra Kumar Sinha S/o Pyarelal Sinha Aged About 35 Years R/o Village Kochwahi Amlipara P.S. Gurur, District Balod Chhattisgarh , District : Balod, Chhattisgarh 3 7 - Pannalal Sinha S/o Kalyand Singh Sinha Aged About 25 Years R/o Village Pasaod P/s Gunderdehi, District Balod Chhattisgarh , District : Balod, Chhattisgarh 8 - Shyamrath S/o Khemuram Aged About 36 Years R/o Village Mokha, P/s Gurur District Balod Chhattisgarh , District : Balod, Chhattisgarh 9 - Deepak Kumar S/o Nohar Singh Aged About 32 Years R/o Village Jaaudwahi P/s Dallirajhara, District Balod Chhattisgarh , District : Balod, Chhattisgarh 10 - Harish Kumar S/o Parshuram Dhanendra Aged About 25 Years R/o Village Bharritola, P.S. Dallirajhara District Balod Chhattisgarh , District : Balod, Chhattisgarh 11 - Raspati S/o Hansram Aged About 28 Years R/o Village Durgitola, P/s Sanjaari District Balod Chhattigarh , District : Balod, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Aadim Jati And Anusuchit Jati Vikas, Mantralaya, Mahanadi Bhawan, Naya Raipur Chhattisgarh , Chhattisgarh 2 - Commissioner, Department Of Aadim Jati And Anusuchit Jati Vikas Chhattisgarh Raipur , District : Raipur, Chhattisgarh 3 - Assistant Commissioner, Tribal Development Department Balod District Balod Chhattisgarh , District : Balod, Chhattisgarh --- Respondent(s) with WPS No. 5401 of 2017 1 - Nandram Thakur S/o Shri Nathlu Ram Aged About 40 Years R/o Village Baihakunwa, P/s Doundi Lohara, District Balod, Chhattisgarh., Chhattisgarh 2 - Mukesh Kumar S/o Tuman Lal Aged About 40 Years R/o Village Bijora, P/s Doundi Lohara, District Balod, Chhattisgarh., District : Balod, Chhattisgarh 3 - Devnath S/o Shri Sukhiram Aged About 30 Years R/o Village Khamhartola, P/s Dallirajhara, District Balod, Chhattisgarh., District : Balod, Chhattisgarh 4 4 - Khemuram S/o Shri Samlu Ram Aged About 43 Years R/o Village Armurkasa, P/s Dallirajhara, District Balod, Chhattisgarh., District : Balod, Chhattisgarh 5 - Shiv Thakur S/o Shri Jeet Ram Thakur Aged About 32 Years R/o Village Khaira, P/s Doundi Lohara, District Balod, Chhattisgarh., District : Balod, Chhattisgarh 6 - Chandu Lal Mankar S/o Shri Kirtan Lal Mankar Aged About 40 Years R/o Village Badejugera, P/s Doundi Lohara, District Balod, Chhattisgarh., District : Balod, Chhattisgarh 7 - Sahdev Ram Thakur S/o Shri Latkhor Ram Thakur Aged About 40 Years R/o Village Andi, P/s Doundi Lohara, District Balod, Chhattisgarh., District : Balod, Chhattisgarh 8 - Sanjay Kumar S/o Rajmahal Aged About 28 Years R/o Village Raigarh, P/s Doundi Lohara, District Balod, Chhattisgarh., District : Balod, Chhattisgarh 9 - Smt. Shalendri Bai W/o Maya Ram Aged About 38 Years R/o Village Baihakunwa, P/s Doundi Lohara, District Balod, Chhattisgarh., District : Balod, Chhattisgarh 10 - Bharat Tekam S/o Shri Tularam Aged About 40 Years R/o Village Doundi, P/s Doundi, District Balod, Chhattisgarh., District : Balod, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Aadim Jati And Anusuchit Jati Vikas Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh., Chhattisgarh 2 - Commissioner, Department Of Aadim Jati And Anusuchit Jati Vikas, Chhattisgarh Raipur, District : Raipur, Chhattisgarh 3 - Assistant Commissioner, Tribal Development Department, Balod, District Balod, Chhattisgarh., District : Balod, Chhattisgarh --- Respondent(s) For Petitioners : Shri H.S. Ahluwalia, Advocate. For Respondent/State : Shri R.S. Marhas, Addl. A.G. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 02.05.2025 5 1. The petitioners have filed this petition seeking the following reliefs:- “i) The Hon'ble Court may kindly be pleased to command the respondents to produce the entire records of the case particularly the records of the petitioners, for perusal of this Hon'ble Court. ii) The Hon'ble Court may kindly be pleased direct the respondent authorities to fixed the payscale of the petitioners as per new setup dated 13/9/2010 (Annexure P/3), in the interest of justice. iii) Any other relief, which may be suitable in the facts and circumstances of the case. This petition, may be allowed. with cost.” 2. Learned counsel for the petitioners would submit that the petitioners were recruited in the contingency establishment on Collector rate for a period of three years and upon completion of the said period, they became entitled to the revised pay- scale. He would contend that after completion of three years, the petitioners were eligible to receive the regular pay-scale of Rs.4750 – 7440/- with a grade pay of Rs.1300/- per month. He would contend that till date, the benefit has not been extended despite making various representations. He would refer to a circular dated 12.9.2011, whereby the State Government extended the benefit of a regular pay-scale to Class-IV employees under the contingency establishment employees on completion of three years of service. He would further submit that the circular dated 12.12.2014 was issued by the Commissioner to the Collector, Baloda Bazar, 6 directing the implementation of the circular dated 12.9.2011. He would also submit that though in the return, the State has taken a stand that the circular dated 12.9.2011 was withdrawn by the State Government vide circular dated 30.5.2015, but later on, the circulars dated 12.9.2011, 20.9.2011, 4.11.2016 & 6.2.2017 were restored by the State Government vide circular dated 11.1.2021. He would also contend that a direction may be issued to the respondent authorities to consider the claim of the petitioners for the grant of regular pay-scale of Rs.4750-7440/- with the grade pay of Rs.1300/- from the date they completed three years of service in the contingency establishment. 3. On the other hand, learned counsel for the State would oppose the submissions made by counsel for the petitioners. He would submit that the petitioners are daily-rated employees, receiving wages at the Collector rate, and are not entitled to the regular pay-scale as their services have never been regularized by the department. He would further contend that no specific order has been issued to grant them such benefits. He would contend that the order dated 12.9.2011 was withdrawn by the State Government, therefore, the petitioners are not entitled to any benefit under the said circular. 4. Heard counsel for the parties and perused the documents present on the record. 5. Admittedly, the petitioners were appointed under the contingency establishment on the Collector rate for a period of three years. According to the letter dated 12.12.2014, it is apparent that after 7 completion of services of three years, the petitioners were entitled to receive regular pay-scale of Rs.4750-7440/- with a grade pay of Rs.1,300/-. The circular dated 30.5.2015, annexed as Annexure-R/1 by the State indicates that the earlier circular dated 12.9.2011 was withdrawn by the State Government, but it was subsequently restored vide circular dated 11.1.2021. Therefore, the contention made by the State Counsel appears to be incorrect. It is also not in dispute that the petitioners were appointed under the contingency establishment and according to the circular dated 12.9.2011, they were entitled to receive regular pay-scale of Rs.4750-7440/- with grade pay of Rs.1300/- immediately after completion of three years of services. 6. Taking into consideration the above-stated facts and circulars issued by the State Government from time to time, these petitions are disposed of reserving liberty in favour of the petitioners to make representation(s) before respondent No.2 within a period of 30 days. The Competent Authority is directed to decide such representation(s) in an objective manner, in light of the circulars dated 12.9.2011 & 11.1.2021, within a further period of 90 days. Sd/- (Rakesh Mohan Pandey) Judge Nimmi