Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:12201
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1717 of 2025 1 - Khojeshwar Prasad Arya, S/o Shri Mohan Lal Arya Aged About 64 Years, R/o Devnandan Nagar Phase-I, First Street, In Front of Krishna Complex, Seepat Road, Sarkanda, District Bilaspur, Chhattisgarh.
... Petitioner versus 1 - State of Chhattisgarh Through Secretary, Department of Revenue and Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Chhattisgarh. 2 - Commissioner Land Revenue Chhattisgarh, Block-2, First Floor, Indravati Bhawan, Atal Nagar,
Nawa
Raipur,
Chhattisgarh. 3 - Director Land Revenue Chhattisgarh, Block-2, First Floor, Indravati Bhawan, Atal Nagar, Nawa
Raipur,
Chhattisgarh. 4 - Principal Revenue Inspector Training School, Bilaspur, District Bilaspur, Chhattisgarh.
... Respondents (Cause title is taken from Case Information System) For Petitioner : Shri Santosh Bharat, Advocate For State : Ms. Nupur Trivedi, Panel Lawyer Hon’ble Shri Justice Amitendra Kishore Prasad
Order on Board 11/03/2025
1. By the instant petition, the petitioner seeks the following reliefs: Digitally signed by GOPAL SINGH Date: 2025.04.07 20:03:31 +0530
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“10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the petitioner's case for its kind perusal. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to grant the benefit of third time bound pay scale to the petitioner from the date of completion of 30 years of his service i.e. 15.01.2019 as per notification dated 25.01.2021 issued by the Department of Finance, State of Chhattisgarh. 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to grant interest @ 18% per annum from
15.01.2019. 10.4 That, this Hon'ble Court may kindly be pleased to grant any other relief/relief's in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case.”
2. By the instant petition, the petitioner is not challenging any particular order but seeking direction to the respondents authorities to grant the benefit of third time bound pay scale on completion of 30 years of service as per notification dated 25.01.2021 issued by the Department of Finance, State of Chhattisgarh. The petitioner has completed 30 years of his service on 15.01.2019 and retired on 31.07.2022. The petitioner preferred several representations before the respondents authorities but the benefit of third time bound pay scale has not been granted to him till date.
3.
Learned counsel for the petitioner submits that the inaction on the part of the respondents authorities and non-providing the benefit of third time bound pay scale to the petitioner even after filing several representations is bad and arbitrary and is also violation of the principles of natural justice. The petitioner has been granted the benefit of first and second time bound pay scale on
3 01.07.2006 and 01.07.2009, respectively, but, the benefit of third time bound pay scale has not been granted to the petitioner till date even after completion of 30 years of his service. The Department of Finance, State of Chhattisgarh has issued a notification on 25.01.2021 regarding grant of benefit of third time bound pay scale to the employees of Chhattisgarh State Civil Services. Earlier, the Department of Finance, State of Chhattisgarh has issued a memo dated 08.08.2018 to all the Departments of the Government of Chhattisgarh regarding grant of benefit of third time bound pay scale to the employees of Chhattisgarh State Civil Services. In para 1 of the aforesaid memo dated 8.8.2018, it is categorically stated as under:
"ऐसे शासकीय सेवक जिन्हें शासकीय सेवा में नियुनि की तिथि से दो पदो्ቐति / ्ቅमो्ቐति/समयमा वेमा का ही लाभ ्ቚा् हुआ है, को निदांक 01.01.2016 अवा इसके बाद की तिथि से 30 व्ቧ* की सेवा पू्ቓ* करे पर ृीय समयमा वेमा की पा्ቔा होगी।" The petitioner has been granted the benefit of first and second time bound pay scale on 01.07.2006 and 01.07.2009, respectively and he has completed 30 years of his services on 15.01.2019, hence the petitioner is entitled to get the benefit of third time bound pay scale from 15.01.2019.
4.
Learned counsel for the State submits that she has no objection if a representation is made to the respondent/concerned authority for redressal of the grievance.
5. Be that as it may, looking to the limited prayer made by learned counsel for the petitioner, this petition, at this stage, is disposed of directing the petitioner to make a representation before the respondent competent authority raising all his grounds as raised in this writ petition annexing all relevant documents and a copy of this order. On such representation being made, it is expected that the
4 respondent competent authority shall consider the same in accordance with law considering the relevant circulars and notifications, particularly, the notification dated 25.1.2021 issued by the Department of Finance, Government of Chhattisgarh within a period of three months from the date of receipt of the representation from the petitioner. It is made clear that this Court has not expressed any opinion on merits of this case. It is for the concerned authority to consider the claim of the petitioner on merits of his case.
6. With the aforesaid observations and directions, the writ petition is disposed of. Sd/-
(Amitendra Kishore Prasad)
JUDGE Gopal Singh