1 2025:CGHC:61028 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5871 of 2023 1 - Manas Kumar Rai S/o Late Baleshwar Rai Aged About 60 Years Working As Deputy Conservator Of Forest (Administration Gazetted Co-Ordination) Office Of The Principle Chief Conservator Of Forest, Nawa Raipur, Atal Nagar, District- Raipur (C.G.). --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Principal Secretary, Department Of Forest And Climate Change, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar Raipur (C.G.). 2 - The Principal Chief Conservator Of Forest Aranya Bhawan, Sector 19, Nawa Raipur, Atal Nagar, Raipur, District- Raipur (C.G.). --- Respondent(s) WPS No. 5865 of 2023 1 - Vinod Singh Thakur S/o Late Surendra Singh Thakur Aged About 62 Years Retired As Deputy Conservator Of Forest, Office Of Sdo Forest Nagri, District- Dhamtari (C.G.). RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Principal Secretary, Department Of Forest And Climate Change, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar Raipur (C.G.). 2 - The Principal Chief Conservator Of Forest Aranya Bhawan, Sector 19, Nawa Raipur, Atal Nagar, Raipur, District- Raipur (C.G.). --- Respondent(s) WPS No. 5843 of 2023 1 - S.B. Pandey S/o Late Chhnnu Pandey, Aged About 60 Years Working As Joint D.F.O., Kunkuri, District - Jashpur, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Principal Secretary, Department Of Forest And Climate Change, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar Raipur, Chhattisgarh. 2 - The Principal Chief Coservator Of Forest, Aranya Bhawan, Sector 19, Nawa Raipur, Atal Nagar, Raipur, District : Raipur, Chhattisgarh. --- Respondent(s) WPS No. 6012 of 2023 1 - Denvendra Kumar Singh Maurya S/o Late Girdhardas Maurya Aged About 61 Years Working As Deputy Conservator Of Forest, Deputy Ceo Campa, Aranya Bhawan, Nawa Raipur, District - Raipur (C.G.). 3 ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Principal Secretary, Department Of Forest And Climate Change, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar Raipur (C.G.). 2 - The Principal Chief Conservator Of Forest Aranya Bhawan, Sector 19, Nawa Raipur, Atal Nagar, Raipur, District Raipur (C.G.). --- Respondent(s) WPS No. 6002 of 2023 1 - Udai Singh Thakur S/o Late Komal Singh Thakur Aged About 62 Years Working As Joint Dfo, Rajim, District Gariyaband (C.G.). ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Principal Secretary, Department Of Forest And Climate Change, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar Raipur (C.G.). 2 - The Principal Chief Conservator Of Forest Aranya Bhawan, Sector- 19, Nawa Raipur, Atal Nagar, Raipur, District Raipur (C.G.). --- Respondent(s) WPS No. 6007 of 2023 1 - Manoj Kumar Shah S/o Late Mahesh Prasad Shah Aged About 56 Years Working As Joint Dfo, Odgi, Surajpur, District- Surajpur, Chhattisgarh. ---Petitioner(s) 4 Versus 1 - State Of Chhattisgarh Through The Principal Secretay, Department Of Forest And Climate Change, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, Raipur, Chhattisgarh. 2 - The Principal Chief Conservator Of Forest Aranya Bhawan, Sector 19, Nawa Raipur, Atal Nagar, Raipur, District- Raipur, Chhattisgarh. --- Respondent(s) WPS No. 6011 of 2023 1 - Devendra Kumar Singh, S/o. Late Badri Narayan Singh, Aged About 61 Years Working As Deputy Conservator Of Forest /attached Officer, Durg Circle, Durg, District - Durg, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Principal Secretary, Department Of Forest And Climate Change, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, Raipur, Chhattisgarh. 2 - The Principal Chief Conservator Of Forest, Aranya Bhawan, Sector -19, Nawa Raipur, Atal Nagar, Raipur, District - Raipur, Chhattisgarh. --- Respondent(s) WPS No. 6013 of 2023 1 - Shyam Singh Deo S/o Late Tapeshwar Deo Singh Aged About 62 Years Working As Assistant Director (Deputy Conservator Of Forest), Guru Ghasidas National Park, Baikunthpur (Korea), District Baikunthpur (Korea) (C.G.). 5 ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Principal Secretary, Department Of Forest And Climate Change, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar Raipur (C.G.). 2 - The Principal Chief Conservator Of Forest Aranya Bhawan, Sector- 19, Nawa Raipur, Atal Nagar, Raipur, District Raipur (C.G.). --- Respondent(s) WPS No. 5986 of 2023 1 - Suvir Chandra Tiwari S/o Shri Giriraj Prasad Tiwari Aged About 60 Years Working As Deputy Conservator Of Forest, Wildlife Office Of P.C.C.F. Wild Life, Aranya Bhawan, Nawa Raipur, Atal Nagar, District - Raipur (C.G.). ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Principal Secretary, Department Of Forest And Climate Change, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar Raipur (C.G.). 2 - The Principal Chief Conservator Of Forest Aranya Bhawan, Sector-19, Nawa Raipur, Atal Nagar, Raipur, District - Raipur (C.G.). --- Respondent(s) For Petitioner(s) : Mr. Prakhar Dashore, Advocate on behalf of Mr. R.S. Patel, Advocate. For Respondent(s)/State : Mr. Rahul Tamaskar, G.A. 6 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 15/12/2025 1. Since common question of facts and law is involved in these cases, as such, all these petitions are being disposed of by this common order. 2. The petitioners have prayed for certain reliefs in the writ petitions. Though there are some sort of differences in respect of prayer made by the petitioners in both the petitions, however, in sum and substance, the reliefs are altogether similar and identical. The reliefs prayed in WPS No. 5871/2023 (Manas Kumar Rai Vs. State of Chhattisgarh & Another) are quoted hereinbelow in order to consider these cases and to decide the same. “10.1 This Hon'ble Court may kindly be pleased to issue an appropriate writ and direct the respondent authority to grant the Time Scale Pay i.e. 15600-39100+G.P.7600 to the petitioner from the completion of 04 years of service (on the previous Grade Pay G.P. 6600], which has completed on 01.01.2022, in the interest of justice. 10.2 This Hon'ble Court may kindly be pleased to issue an appropriate writ and direct the respondent authorities to decide the representation of the petitioner within stipulated time, in the interest of justice. 7 10.3 This Hon'ble Court may further be pleased to pass an appropriate order or issue writ as deemed fit under the facts and circumstances of the case..” 3. The common grievance raised in all the writ petitions is that, despite being duly entitled under the relevant rules and policies to be granted a higher pay scale, the writ petitioners have been unlawfully deprived of such benefit by the respondent authorities, inasmuch as they have not been extended the advantage of the applicable time-scale pay of Rs. 15,600–39,100 with Grade Pay of Rs. 7,600, even though they fulfill all the requisite eligibility conditions, thereby causing continuing financial prejudice and arbitrariness in the matter of fixation of their pay. 4. The petitioners were initially appointed to the post of Forest Ranger and, at the time of their appointment, were duly extended the applicable initial pay scale attached to the said post, namely Rs. 9300–34800 with Grade Pay of Rs. 4300. Upon completion of 24 years of continuous and satisfactory service, the petitioners were granted the benefit of the higher time-scale pay of Rs. 15600–39100 with Grade Pay of Rs. 6600 in accordance with the prevailing service rules. Thereafter, almost all of the petitioners were promoted to the higher post of Assistant Conservator of Forest, and consequent upon such promotion, they continued to draw salary in the pay scale of Rs. 15600–39100 with Grade Pay of Rs. 6600, which was being paid to them against the promotional post. 8 5. The grievance of the petitioners is that, notwithstanding their due promotion to the post of Assistant Conservator of Forest, they have been unlawfully denied the corresponding higher pay scale attached to the said promotional post and, to their grave prejudice, continue to draw the very same pay scale which they were receiving prior to their promotion, thereby rendering the promotion illusory in financial terms and defeating the legitimate service and monetary benefits accruing to them under the applicable rules and service conditions. 6. Learned counsel for the petitioners submits that, in terms of Rule 14(6)(ii), the petitioners are legally entitled to be granted the selection grade pay scale of Rs. 15,600–39,100 with Grade Pay Rs. 7,600, however, despite their promotion to the post of Assistant Conservator of Forest, the respondent authorities have failed to extend the said benefit and have continued to deny them the admissible selection grade pay scale. It is further contended that, at the time of filing of the present petitions, most of the petitioners were still in active service, but during the pendency of these proceedings, the majority of them have since retired, leaving only a few petitioners presently working in the department. Despite repeated representations, the department has not considered or adjudicated upon the legitimate entitlement of the petitioners to the selection grade pay scale to which they are duly entitled under the applicable rules, and it is on account of such inaction, arbitrariness, and continued deprivation of lawful 9 monetary benefits that the petitioners have been constrained to approach this Hon’ble Court by way of the present petitions. 7. On the other hand, learned counsel for the State submits that the petitioners are not entitled to the higher pay scale as claimed by them, as they have already been granted the pay scale admissible to them under the rules. It is contended that the pay scale now demanded by the petitioners can be granted only to those Assistant Conservators of Forest who have completed six years of service as on the 1st January of the relevant year, strictly in accordance with Rule 14(6) of Schedule-I. The petitioners have not completed the requisite six years of service on the post of Assistant Conservator of Forest and, therefore, are not eligible for the grant of the said higher pay scale. It is further argued that as per the Chhattisgarh Forest (Gazetted) Services Recruitment Rules, 2015, Rule 14(6) clearly provides that only such officers of the State Forest Service are eligible for consideration for appointment to the senior pay scale specified in Schedule-I who have completed six years of service as on the 1st January of the year concerned. Since the petitioners do not fulfill this statutory requirement, they cannot claim the benefit of the higher pay scale. It is also submitted that the petitioners were already drawing the pay scale applicable to the post of Assistant Conservator of Forest and even after their promotion the same pay scale continued, and that the further senior pay scale under the Schedule can be granted only upon completion of a total 10 service of ten years, a condition which none of the petitioners satisfy. Consequently, it is contended that the relief sought by the petitioners is devoid of merit and is liable to be rejected. 8. I have heard learned counsel for the parties and perused the material available on record. 9. From a careful perusal of the record, it clearly emerges that the service conditions of the petitioners are governed by the Chhattisgarh Forest (Gazetted) Services Recruitment Rules, 2015, wherein Rule 14 specifically lays down the criteria and conditions governing eligibility for promotion to higher posts. In order to appreciate the controversy involved in the present matter and to examine the claim of the petitioners in its proper perspective, it becomes necessary to advert to the relevant statutory provision. Rule 14(6), which is applicable to the case of the petitioners, prescribes the conditions relating to eligibility for consideration to the higher time scale and promotion, and therefore, for the sake of clarity and ready reference, the said Rule 14(6) is reproduced hereinbelow. “(6). Time Scale (Assistant Conservator of Forest)- (1). Only those officers of State Forest Service (Assistant Conservator of Forest) shall be eligible for the consideration for appointment in the senior pay-scale specified in the schedule-l who have completed 6 years if service on 1 January of that year as specified in the aforesaid Schedule. 11 (ii). Only those officers of State Forest Service shall be eligible to the appointment in selection scale specified in Schedule-l who have completed 4 years of service on 1 January of that year as specified in Senior Pay scale of the aforesaid schedule. (iii). To provide time scale as per column (3) of Schedule-1 to a eligible candidates a committee shall be constituted under the chairmanship of Additional Chief Secretary/Principal Secretary in consultation with General Administration Department, but for the constitution for such committee under this rule the provisions of Section 8 of the Chhattisgarh Public Service (Schedule Castes, Schedule Tribes and Other Backward Classes Reservation) Act, 1994(No. 21 of 1994) shall also be followed.” 10. It is an admitted position on record that, prior to their promotion, the petitioners were already drawing the pay scale of Rs. 15,600– 39,100 with Grade Pay of Rs. 6,600, and it is further acknowledged by the petitioners themselves that they have not completed six years of service as Assistant Conservator of Forest in the said pay scale; in such circumstances, the benefit of grant of super time scale of Rs. 15,600–39,100 with Grade Pay of Rs. 7,600, as claimed by the petitioners, can be extended only to those Assistant Conservator of Forest who have completed six 12 years of service as on the 1st January of the relevant year in terms of Schedule-I of the applicable Rules, and thereafter become eligible for consideration for the selection grade specified in Schedule-A only upon completion of a further period of four years of service as on the 1st January, which clearly implies that, for entitlement to the super time/selection grade pay scale, an officer is required to complete a total of ten years of qualifying service, a condition which the petitioners admittedly have not fulfilled. 11. Rule 14 (6) which reads as follows:- “(6). Time Scale (Assistant Conservator of Forest)- (1). Only those officers of State Forest Service (Assistant Conservator of Forest) shall be eligible for the consideration for appointment in the senior pay-scale specified in the schedule-l who have completed 6 years if service on 1 January of that year as specified in the aforesaid Schedule. (ii). Only those officers of State Forest Service shall be eligible to the appointment in selection scale specified in Schedule-l who have completed 4 years of service on 1 January of that year as specified in Senior Pay scale of the aforesaid schedule. (iii). To provide time scale as per column (3) of Schedule-1 to a eligible candidates a committee shall be constituted under the chairmanship of Additional Chief Secretary/Principal Secretary in consultation with General Administration Department, but for the 13 constitution for such committee under this rule the provisions of Section 8 of the Chhattisgarh Public Service (Schedule Castes, Schedule Tribes and Other Backward Classes Reservation) Act, 1994(No. 21 of 1994) shall also be followed.” 12. From a conjoint reading of Rule 14(6)(i), (ii) and (iii) along with Schedule-I, it is abundantly clear that officers belonging to the State Forest Service holding the post of Assistant Conservator of Forest become eligible for consideration for appointment to the senior pay scale specified in Schedule-I only upon completion of six years of service as on the 1st January of the relevant year, as expressly contemplated under Rule 14(6)(i). The said provision unequivocally clarifies that mere appointment, promotion, or posting as an Assistant Conservator of Forest does not ipso facto confer any right to the senior or selection pay scale; rather, such eligibility accrues strictly upon fulfillment of the statutory requirement of six years’ qualifying service. In the present case, the petitioner has admittedly not completed the prescribed period of six years of service in accordance with the governing rules and, therefore, does not satisfy the essential condition for being considered for grant of the senior or selection grade pay scale. Consequently, the petitioner cannot claim any vested right to the benefits sought, and the competent authority has rightly rejected the claim for grant of selection grade pay scale by the impugned order dated 24.11.2023, which calls for no interference. 14 13. Accordingly, in the considered opinion of this Court, the rejection of the claim raised by the petitioners is fully justified, lawful, and in consonance with the governing statutory provisions as well as the material available on record, and this Court finds no illegality, arbitrariness, or perversity in the impugned decision so as to warrant any interference in exercise of its jurisdiction, thereby rendering the challenge devoid of merit. 14. Accordingly, all the writ petitions are dismissed. 15. However, it is clarified that those Assistant Conservators of Forest who have not superannuated as on date and are still in continuous service shall not be deprived of their legitimate entitlement, and in the event any such officer completes the requisite period of qualifying service as Assistant Conservator of Forest in accordance with the applicable statutory rules, he or she shall be duly considered for and granted the benefit of the selection pay scale as and when such eligibility is attained. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat