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2025 DAILYLAW 6184 (CHH)

GANESH SINGH OTTI v. STATE OF CHHATTISGARH

WPS/885/2025 · 2025-01-30

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 2025:CGHC:5596 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 885 of 2025 1 - Ganesh Singh Otti S/o Gorelal Singh Otti Aged About 65 Years R/o Village Dhanpur, Post Office - Dhobher, Pendra, District Gaurela- Pendra-Marwahi (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Public Works Department (P.W.D.), Mahanadi Bhawan, Nava Raipur, District Raipur (C.G.) 2 - Engineer-In-Chief Public Works Department (P.W.D.), Atal Nagar, Sector 19, Nawa Raipur, District - Raipur (C.G.) 3 - Superintendent Engineer Public Works Department (P.W.D.), Bilaspur Circle, District Bilaspur (C.G.) 4 - Chief Engineer Public Works Department (P.W.D.) Bilaspur, District Bilaspur (C.G.) 5 - Executive Engineer (Pendra Division) Public Works Department (P.W.D.), Pendra Road, District - Gaurela-Pendra-Marwahi (C.G.) 6 - Divisional Joint Director Treasury Accounts And Pensions - Bilaspur Division, Bilaspur, District Bilaspur (C.G.) 7 - Treasury Officer District Treasury Gaurela-Pendra- Marwahi (C.G.) ... Respondent(s) (Cause-title taken from Case Information System) RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.02.03 11:05:47 +0530 2 For Petitioner : Mr. Anshuman Shrivastava, Advocate For State/Respondent/s : Mr. Rishabh Bisen, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 30/01/2025 1. Heard Mr. Anshuman Shrivastava, learned counsel for the petitioner. Also heard Mr. Rishabh Bisen, learned Panel Lawyer for the State/respondent/s. 2. By this petition the petitioner has prayed for following relief(s) : “10.1 To issue appropriate direction(s)/ writ(s)/ order(s) directing the respondents to scrutinize the claim of the petitioner for grant of 3rd Time Scale Pay and extend the necessary benefits to the petitioner within a period of 1 month. 10.2 To issue appropriate direction(s)/ writ(s)/ order(s) granting interest in arrears @ 9% per annum. 10.3 To pass any other direction/ writ /order which the Hon'ble Court deems fit and proper in the fact and circumstances of the case to secure the ends of Justice.” 3. The claim of the petitioner in the present Writ Petition is for grant of 3rd Time Scale Pay on completing of 30 years of service, in terms of the Circular dated 16.02.2024 issued by the State Government. 4. Learned Panel Lawyer on the other hand submits that the said Circular would not be applicable in the instant case as the 3 petitioner stood retired from service on 31.08.2021, that is, prior to the issuance of the Circular dated 16.02.2024. 5. However, this Court finds that the Circular dated 16.02.2024 (Annexure P-2) categorically states that said Circular would be applicable upon all those persons who on 01.01.2017 or subsequently have completed 30 years of service. Though the Circular was dated 16.02.2024 but it was made applicable upon all those persons who were already in employment or had completed 30 years of service on or after 01.01.2017. 6. Be that as it may, considering the Circular dated 16.02.2024, the present Writ Petition as of now is being disposed of directing the respondent No.5 to scrutinize the claim of the petitioner so far as grant of 3rd Time Scale Pay is concerned. On scrutiny if the petitioner is found entitled for the same, let necessary benefits be extended to him within an outer limit of four months. 7. Accordingly, with this observation/s and direction/s this petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi