1 2025:CGHC:5902 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2013 of 2018 1. J.P. Yadav S/o S/o Shri R. R. Yadav, Aged About 61 Years Assistant Milk Commissioner, Office Of Deputy Director, Veterinary Services, Baikunthpur, District Koriya, Chhatisgarh, District : Koriya (Baikunthpur), Chhattisgarh 2. Jogender Singh S/o S/o Shri Rajbahadur Singh, Aged About 56 Years Assistant Milk Commissioner, Office Of Deputy Director, Veterinary Services, Surajpur, Chhattisgarh, District : Surajpur, Chhattisgarh 3. Manik Chandra S/o S/o Shri Kewla Prasad, Aged About 55 Years Assistant Milk Commissioner, Office Of Deputy Director, Veterinary Services, Ambikapur, Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh 4. Ashok Kumar Pathak S/o S/o Late Kailash Pathak Aged About 56 Years Deputy Milk Commissioner, Office Of Deputy Director, Veterinary Services, Raigarh, Chhattisgarh, District : Raigarh, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through Its Secretary, Department Of Krshi Pashudhan Vikash, Mantralaya, Mahanadi Bhawan, Mantralaya, Naya Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 2. Director, Directorate Of Pashudhan Vikash Vibhag, Ground Floor, Block 3, Indravati Bhavan, New Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 3. Dr. A. K. Pandey, Director, Directorate Of Pashudhan Vikash Vibhag, Ground Floor, Block 3, Indravati Bhavan, New Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 4. Shri Dinesh Kumar, Joint Director (Finance) Directorate Of Pashudhan Vikash Vibhag, Ground Floor, Block 3, Indravati Bhavan, New Raipur, Chhattisgarh, District : Raipur, Chhattisgarh ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioners : Mr. Avinash Mishra, Advocate the brief of Mr. Neeraj Choubey, Advocate 2 For State : Mr. Lav Sharma, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 31. 01.2025 1. By way of this petition, the petitioners have sought the following relief(s):- “10.1 The Hon’ble Court may be pleased to issue a writ in the nature of mandamus, commanding the respondents authority to given the benefits of the time bound higher pay scale of Rs. 15600-39100+5400 to the petitioners from 01.04.2006, along with all consequential services benefits including the interest on delay part. 10.2 The Hon’ble Court may be pleased to issue writ/ writs/ order/ orders/ direction/ directions/ relief/ relief’s, which this Hon’ble Court may think fit and proper in the facts and circumstances of the case.” 2. Learned counsel for the petitioners would submit that the petitioners were posted on the post of Assistant Dairy Chemist (ADC), later on, it was called Shift Manager( पारी प्रबंधक), and they were appointed on the following dates:- Sr. No. Name of the petitioners Date of Appointment 01. J.P. Yadav 18.07.1988 02. Jogender Singh 26.07.1988 03. Manik Chandra 18.07.1988 04. Ashok Kumar Pathak 08.04.1983 3. He would further submit that petitioners No. 1 to 3 have completed 10 years of services in the year 1998 and petitioner No. 4 in the year 1993, but the authorities extended the benefit of higher pay scale to the petitioners No. 1 to 3 from the year 2000 and petitioner No. 4 from the year 1997. He would also submit that the two-year service benefit has not been extended 3 from the date of the appointment. It is contended that the benefit should have been extended immediately after the completion of 10 years of service; therefore a direction may be issued to the respondent authorities to consider the claim of the petitioners for a higher pay scale afresh. 4. On the other hand, learned counsel appearing for the State would submit that the services of petitioners No. 1 to 4 were regularized on 18.07.1990, 26.07.1990, 18.07.1990 and 08.04.1987, respectively; therefore, the benefit has been extended to the petitioners after completion of 10 years of services of their respective post(s). 5. Heard. 6. Taking into consideration the fact that petitioners No. 1 to 4 were appointed to the post of Assistant Dairy Chemist (ADC) on 18.07.1988, 26.07.1988, 18.07.1988 and 08.04.1983, respectively, and they were extended benefit of higher pay scale from 17.07.2000, 25.07.2000, 17.07.2000 and 07.04.1997, respectively, but they have not been extended benefit of higher pay scale from the date of initial appointment. It has not been clarified that the benefit would be extended after completion of 10 years from the date of regularization of service; therefore, the matter is remitted back to respondent No. 2 to decide the dispute afresh after affording a due opportunity of hearing to the petitioners. 7. The petitioners would be at liberty to make a representation(s) before respondent No. 2, and in turn, the authority shall take an appropriate decision on such representation(s), preferably within a period of 90 days. 8. With the aforesaid observation(s), and direction(s), the instant petition is 4 hereby disposed of. Sd/- (Rakesh Mohan Pandey) Judge $iddhant