1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8419 of 2023 1 - Dr Kamlesh Dubey S/o Shri Ganesh Prasad Aged About 60 Years Presently Posted As Assistant Professor At Government College Dadhi, District : Bemetara, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary Department Of Higher Education Mantralaya Mahanadi Bhawan, Naya Raipur, District : Raipur, Chhattisgarh 2 - Commissioner Directorate Of Higher Education, District : Raipur, Chhattisgarh 3 - Principal Government College Dadhi, District : Bemetara, Chhattisgarh --- Respondent(s) For Petitioners : Ms. Diksha Gouraha, Advocate For State : Mr. Devesh G. Kela, P.L. Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 30.10.2025 1. The present writ petition is against the inaction on the part of the respondent authorities whereby the petitioner despite being rightfully eligible for getting the Senior Grade Pay scale and VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 Selection Grade Pay as per the Comments Sections Clause 2 (A) (1), (2) and (3) and Clause 2 (B) (1), (2) and (3) of Schedule IV of Chhattisgarh Educational Service (Collegiate Branch, Gazetted) Recruitment Rules, 2019 hereinafter referred to as "Rules of 2019'. 2. Following reliefs have been prayed by the petitioner:- “10.1 The Hon'ble Court may kindly be pleased to direct the respondent authority to provide the petitioner with the benefits of Senior Pay Scale with effect from 11.10.1997 as mentioned Comments Sections Clause 2 (A) (1), (2) and (3) of Schedule IV of Chhattisgarh Educational Service (Collegiate Branch, Gazetted) Recruitment Rules, 2019. 10.2 The Hon'ble Court may kindly be pleased to direct the respondent authority to provide the petitioner with the benefits of Selection Grade Pay with effect from 11.10.2002 as mentioned Comments Sections Clause 2 (B) (1), (2) and (3) of Schedule IV of Chhattisgarh Educational Service (Collegiate Branch, Gazetted) Recruitment Rules, 2019. 10.3 That, the Hon'ble Court may kindly be pleased to direct the respondent authority to provide the petitioner with the benefits of the 4th Pay Band (37400-67000+AGP 9000) effective from 11.10.2005. 10.4 That, the Hon'ble Court may kindly be please to the direct respondents authority to 3 provide the petitioner with the arrears of Senior Pay Scale, Selection Grade Pay and 4th Pay Band with effect from year 1997 along with the interest at the rate of 8% per annum. 10.5 The Hon'ble Court may kindly be pleased to grant any other relief which this Hon'ble Court deems fit and proper in favor of the petitioner as per the facts & circumstance of the present case, in the interest of justice.” 3. Facts of the case are that the petitioner was initially appointed on probation as Assistant Professor (Political Science) on 30.09.1993 at Government College, Palari, Baloda Bazaar–Bhatapara, Chhattisgarh, and joined on 11.10.1993; his services were confirmed w.e.f. his date of joining vide order dated 04.09.1996. The petitioner obtained his Ph.D. in Political Science on 27.03.1997 and successfully completed all requisite UGC- sponsored Orientation and Refresher Courses between 2010 and 2012. As per Chhattisgarh Educational Service (Collegiate Branch, Gazetted) Recruitment Rules, 2019, Schedule IV, he became eligible for the Senior Pay Scale upon completion of 4 years of regular service with a Ph.D. and requisite training, and subsequently for Selection Grade Pay after completion of the prescribed service period and additional refresher courses. Despite fulfilling all mandatory qualifications and eligibility conditions, the petitioner’s representations dated 21.02.2011, 11.09.2013, 12.06.2017, and 11.01.2021 to the authorities, 4 including the Commissioner and Director, Directorate of Higher Education, Raipur, seeking grant of Senior Pay Scale and Selection Grade Pay, remained unattended, though the Principal, Government Brijlal Verma College, Palari, had on several occasions (06.06.2013 and 12.06.2017) forwarded communications recommending his promotion and entitlement under the rules. 4. Learned counsel for the petitioner submits that the petitioner, having been initially appointed as Assistant Professor (Political Science) on 30.09.1993 and confirmed in service w.e.f. 11.10.1993, has duly fulfilled all the qualifications and conditions prescribed under the Chhattisgarh Educational Service (Collegiate Branch, Gazetted) Recruitment Rules, 2019, for grant of Senior Pay Scale and Selection Grade Pay. The petitioner obtained his Ph.D. in Political Science in 1997, completed the requisite UGC- sponsored Orientation and Refresher Courses between 2010 and 2012, and has rendered unblemished service with consistently good performance reports. As per Schedule IV of the 2019 Rules and the Higher Education Department Order dated 30.03.2010, the petitioner became eligible for the Senior Pay Scale (₹15,600– 39,100 + AGP ₹7,000) w.e.f. 1997, and subsequently for the Selection Grade Pay (₹37,400–67,000 + AGP ₹9,000), and thereafter Pay Band–4 (AGP ₹10,000) with designation of Professor after completion of three years in the selection grade. Despite fulfilling all statutory and UGC-mandated conditions, and 5 despite repeated representations dated 21.02.2011, 11.09.2013, 12.06.2017, and 11.01.2021, duly supported by recommendations of the Principal, Government Brijlal Verma College, Palari, the respondents have failed to extend the rightful financial upgradation to the petitioner. It is further submitted that there is no adverse remark, disciplinary proceeding, or inquiry pending against the petitioner, and the denial of his legitimate entitlement to career advancement and corresponding pay scales is arbitrary, unjust, and violative of Articles 14 and 16 of the Constitution of India. 5. Learned State Counsel submits that the return has been filed. At this stage, learned counsel for the respondent submits that they are considering the case of the petitioner for grant of the reliefs claimed in the petition. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Paragraph 6 of the return filed by the State is quoted hereinbelow:– “6.It is respectfully submitted that thrice sitting of the said scrutiny committee has already been taken place on 03/11/2023, 07/11/2023 and 20/11/2023 and to demonstrate the above, copies of the letters dated 02/11/2023, 06/11/2023 and 16/11/2023 are collectively filed herewith as Annexure R/2. It is further respectfully submitted that the case of the petitioner as well as other candidates for grant 6 of senior and selection grade pay scale have already been placed before the aforesaid scrutiny committee and the same is still under active consideration. It is respectfully submitted that the senior as well as the selection grade pay scale would be granted to the petitioner strictly in accordance with rules and regulation governing the field.” 8. Considering the aforesaid return filed by the respondent–State, it is directed that the respondents shall consider the case of the petitioner in light of paragraph 6 of their return and pass appropriate orders for redressal of the petitioner’s grievance within a period of 45 days from the date of receipt of a certified copy of this order. 9. Accordingly, the writ petition stands disposed of. sd/- Sd/- (Amitendra Kishore Prasad) Judge Vishakha