Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:55982
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1918 of 2019 Ravishankar Gupta S/o Late Shri Ram Devi Gupta Aged About 62 Years R/o Village Jarhadih, Post Mahrajganj, Thana Balrampur, District Balrampur Chhattisgarh., District : Balrampur, Chhattisgarh
--- Petitioner. Versus 1 - State Of Chhattisgarh Through The Secretary Department Of Panchayat And Rural Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, District Raipur Chattisgarh., District : Raipur,
Chhattisgarh 2 - Director Directorate Of Panchayat And Rural Services, Indravati Bhawan, Atal Nagar, District
Raipur
Chhattisgarh.,
District
:
Raipur,
Chhattisgarh 3 - Deputy Director Panchayat And Rural Welfare, Balrampur, District Balrampur - Ramanujganj
Chhattisgarh.,
District
:
Balrampur,
Chhattisgarh 4 - Joint Director Treasury, Accounts And Pension , Balrampur, District Balrampur- Ramanujganj Chhattisgarh., District : Balrampur, Chhattisgarh
--- Respondent(s) With WPS No. 7809 of 2019 Shiv Kumar Pandey S/o Late Shri Ramanand Pandey Aged About 62 Years R/o Village Surajpur Parri, Post And Thana Surajpur, District Surajpur, Chhattisgarh, District : Surajpur, Chhattisgarh
---Petitioner. Versus Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2025.11.18 16:45:57 +0530
2 1 - State Of Chhattisgarh Through The Secretary Department Of Panchayat And Rural Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 2 - Director Directorate Of Panchayat And Rural Services, Indravati Bhawan, Atal Nagar, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 3 - Deputy Director Panchayat And Rural Welfare, Surguja, District Surguja, Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh 4 - Joint Director Treasury, Accounts And Pension, Surajpur, District Surajpur, Chhattisgarh, District : Surajpur, Chhattisgarh 5 - Deputy Director Panchayat And Rural Welfare, Surajpur, District Surajpur, Chhattisgarh, District : Surajpur, Chhattisgarh
--- Respondent(s) With WPS No. 7900 of 2019 Harihar Prasad Kushwaha (died and cause tile amended by order dated 18.11.2025) through LR :- Vijay Kumar Kushwaha, Son of late Shri Harihar Prasad Kushwaha, aged about 47 years, Resident of Ward No.05, Bich Para, Khorma, Pratappur, Surajpur, Chhattisgarh, 497223
---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary Department Of Panchayat And Rural Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, District Raipur, Chhattisgarh. 2 - Director, Directorate Of Panchayat And Rural Services, Indravati Bhawan, Atal Nagar, District Raipur, Chhattisgarh. 3 - Deputy Director, Panchayat And Rual Welfare, Surguja, District Surguja, Chhattisgarh. 4 - Joint Director, Treasury , Accounts And Pension, Surajpur District Surajpur Chhattisgarh.
3 5 - Deputy Director, Panchayat And Rural Welfare, Surajpur, District Surajpur, Chhattisgarh. --- Respondent(s)
For Petitioners : Mr. Yashkaran Singh, Advocate. For Res/State : Mr. Santosh Soni, Govt. Advocate. SB : Hon'ble Shri Justice Deepak Kumar Tiwari Order
on Board
18.11.2025
1. Since all three aforesaid writ petitions involve common question of fact and law, they are being heard and decided by this common order. 2. In these three petitions, petitioners are seeking direction for similar benefit which has been extended to other similarly situated employees by way of batch of writ petition bearing WPS No.4800/2010 (Satish Kumar Shrivastava and Ors Vs. State of CG and Ors) decided on 12.07.2018 along with other connected matters. 3. Facts of the case, in brief, are that similarly situated employees have filed batch of writ petitions bearing WPS No.6182/2010 along with WPS No.4800/2010 and other connected matters by making averment inter-alia that the said employees were appointed under the erstwhile State of Madhya Pradesh on the post of Sahayak Gram Panchayat Adhikari which was a dying cadre in the State of Madhya Pradesh. By virtue of creation of the State of Chhattisgarh those petitioners were allocated to the State of Chhattisgarh and in the State of Chhattisgarh also they were discharging the duties that of Sahayak Gram Panchayat Adhikari. In 2009, i.e., on 2.3.2009, the State Government came up with a policy decision whereby the dying cadre of Sahayak Gram Panchayat
4 Adhikari was restored back from being a dying cadre. During this period, the said post was restructured and reclassified as Sahayak Antrik Lekha Parikshan Evam Kararopan Adhikari. 4. Subsequently, WPS No.4800/2010 was allowed by the co-ordinate Bench of this Court and it has been observed that since the said employees have discharge the duties that of Varistha Antrik Lekha Parikshan Evam Kararopan Adhikari as well as Antrik Lekha Parikshan Evam Kararopan Adhikari right from the date they have assumed the duties, therefore, they are entitled for the salary and allowances including the revision of pay which are otherwise payable to these two respective posts on which the concerned petitioners have discharge their duties.
However, in the present case, the State has not considered the case of present petitioners in light of the aforesaid similar case, therefore, this petition has been filed for getting benefit which has been extended to those employees. 5. Learned counsel for the petitioners submits that this petition may be allowed in terms of order dated 12.07.2018 passed in WPS No.4800/2010 as the similarly situated employees have extended benefit of order passed in the said case. He also submits that said order dated 12.07.2018 has been challenged by the State in Writ Appeal No.389/2019 (State of CG and Ors Vs. Satish Kumar Shrivastava and Ors) and said appeal was dismissed and thereby order dated 12.07.2018 passed in WPS No.4800/2010 was affirmed. Hence, this petition may be allowed accordingly. 5
6. Learned State counsel submits that the present petitioners have not participated in the earlier round of litigation and petition has been filed belatedly so these petitions suffer from delay and laches and on such score they deserve to be dismissed. 7. Heard learned counsel for the parties and perused the documents annexed with the petition carefully. 8. Considering the facts' situation of the case, it is crystal clear that similarly situated employees have already given benefit of salary, allowances and revision of pay etc. by way of WPS No.4800/2010 order dated 12.07.2018, however, equal treatment to the present petitioners has not been given by the State Authorities only on the ground of delay and laches. In the attending facts and circumstances of the case, such ground raised by the State is not justifiable and petitioners deserves equal treatment. 9. Hence, it is directed that the respondents/Authorities shall re-examine the case of the present petitioners in light of direction given in order dated 12.07.2018 passed in WPS No.4800/2010 and other connected matter. If Authorities find that case of the petitioners is similar to those employees, they shall extend similar benefit to the present petitioners in terms of the aforesaid order in an expeditious manner within an outer limit of six months from the date of receipt of copy of this order. 10.With the aforesaid direction, these writ petitions are disposed of. 11.Pending application, if any, also stands disposed of. Sd/-
(Deepak Kumar Tiwari) Judge Ajay