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2026 DAILYLAW 10452 (CHH)

NAMINA BHAGAT v. STATE OF CHHATTISGARH

WPS/5088/2023 · 2026-02-23

Shri Amitendra Kishore Prasad

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Judgment text

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1 2026:CGHC:9599 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5088 of 2023 Namina Bhagat W/o Sushil Bhagat, Aged About 40 Years Working As Lecturer (L.B.) R/o Near Medical College, Gangapur, P.S. Gandhi Nagar, Ambikapur, District Surguja (Chhattisgarh). ... Petitioner. versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, Naya Raipur, P.S. Rakhi, District Raipur (Chhattisgarh). 2 - Directorate Of Public Instructions, Indrawati Bhawan, Mantralaya, Naya Raipur, P.S. Rakhi, District Raipur (Chhattisgarh) 3 - Collector, Ambikapur, Ghadi Chowk, Ambikapur, District Surguja (Chhattisgarh) 4 - Chief Executive Officer, Zila Panchayat, Ambikapur, District Surguja Chhattisgarh 5 - Chief Executive Officer, Janpad Panchayat, Ambikapur, District Surguja Chhattisgarh 6 - District Education Officer, Bhagwanpur, Ambikapur, District Surguja (Chhattisgarh) 7 - Block Education Officer, Bhagwanpur, Ambikapur, District Surguja (Chhattisgarh) ... Respondents. AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.02.26 10:12:13 +0530 2 For Petitioner : Shri Surendra Kumar Dewangan, Advocate. For State/Respondent : Shri Ujjawal Choubey, Panel Lawyer. For Respondent No.5 : Ms. Seema Verma appears on behalf of Shri Jitendra Shrivastava, Advocates. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 24/02/2026 1. This Writ Petition has been filed for issuance of direction to the respondent authorities to grant Time Scale Pay and Revised Pay Scale to the petitioner. 2. The petitioner has sought the following reliefs:- 10.1 This Hon'ble Court may kindly be pleased to call for the entire records pertaining to the Time Scale Pay and Revised Pay Scale case of the petitioner for its kind perusal. 10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ/direction to the respondent authorities for considering and granting Time Scale Pay and Revised Pay Scale to the petitioner since 25/06/2019 to till today in the light of guidelines/direction issued from time to time by the department. 10.3 Any other relief/reliefs, which this Hon'ble Court may think fit and proper in the facts and circumstances of the case, may also please be granted to the petitioner. 3. Facts necessary for disposal of this case are that on 21/06/2012 the present petitioner was appointed as Lecturer (Panchayat) and posted at Government High School, Taperkela, Ambikapur by the order of respondent No. 4 under the 3 C.G. Panchayat Shikshakarmi (Recruitment and Conditions of Service) Rules, 2007 and make her joining on 25/06/2012 under the respondent department. It is respectfully submitted that on 21/06/2019 the Principal, Government High School, Taperkela, Ambikapur wrote a letter to the respondent No. 5 as the petitioner completed the requisite service of 7 years on the post of Lecturer (Panchayat) and she is entitled for Time Scale Pay and submit appointment order, regularization order alongwith Confidential Reports of 2012-2013, 2013- 2014-, 2014-2015, 2015-2016, 2016-2017, 2017-2018, 2018-2019. It is respectfully submitted that on 07/11/2019 the Additional Chief Executive Officer, Janpad Panchayat, Ambikapur write a letter to the respondent No. 4 for granting Time Scale Pay to the petitioner as she completed the requisite service of 7 years on the post of Lecturer (Panchayat). On 31/10/2020 the respondent No. 2 issued an order whereby the services of the petitioner absorbed (at Serial No. 206) as Lecturer -T (L.B.) cadre in the School Education Department. On 16/06/2021 the present petitioner write a letter to the respondent No. 7 regarding resolving the objection raised in her Time Scale Pay case and thereby submitting her original Service Book along with details of receipt of Confidential reports. On 13/07/2021 the respondent No. 4 issued a letter to respondent No. 7 regarding non receipt of Service book of teachers while inspection and directed to intimate the concerned teachers and issued an Objection list wherein the Service book of petitioner was not received and her name reflected at Serial No. 11. Thereafter the husband of the petitioner make an application under Right to Information Act regarding Time Scale Pay and Revised Pay Scale status of the present petitioner and on 07/12/2022 the PIO / respondent No. 4. provided the documents of 4 pages consisting of two letter of communication dated 28/12/2020 and 4 05/10/2021 and Objection list to the respondent No. 7 regarding non submitting of original Service book wherein the Service book of petitioner was not received and her name reflected at Serial No. 11. Again on 24/04/2023 the present petitioner write a letter to the respondent No. 6 for granting Time Scale Pay and Revised Pay Scale as she had already submitted her original Service book before the respondent No. 7 and thus, the respondent No. 7 intentionally not submitted the Service book of petitioner even after demanding the same by the respondent No. 4 on different occasions by writing a letter, consequently the Time Scale Pay and Revised Pay Scale case of the petitioner is still under consideration and lying pending and thus, the present petitioner is facing the financial hardship since 2017 which is only due to negligence on the part of respondent No. 7. Hence this Petition. 4. Learned counsel for the petitioner at the very outset submits that so far as relief in respect of grant of Time Scale Pay and Revised Pay Scale is concerned, the same has been granted to the petitioner, however, arrears part thereof has not been granted to the petitioner, therefore, this Writ Petition may be disposed of with a direction to Respondent No.5 to grant arrears of Time Scale Pay and Revised Pay Scale to the petitioner. 5. Learned counsel for Respondent No.5- Chief Executive Officer, Janpad Panchayat, Ambikapur, District Surguja, C.G. submits that they will consider the application/representation filed by the petitioner and if the petitioner is found entitled for grant of arrears of Time Scale Pay and Revised Pay Scale, they will pass appropriate orders in this regard. 6. Learned State counsel submits that main contesting party is Respondent No.5 who ought to comply with the order passed by this Court. 5 7. Considering the aforesaid aspect of the matter that petitioner at this stage is only seeking arrears of the Time Scale Pay and Revised Pay Scale, this Court deems it appropriate to direct the respondent authorities concerned that if the petitioner files a detailed representation for grant of arrears of Time Scale Pay and Revised Pay Scale within a period of 15 days before them, then they in turn shall consider and decide the same within a period of 45 days. Ordered accordingly. 8. With the aforesaid direction/observation, this Writ Petition stands disposed of. 9. It is made clear that this Court has not expressed any opinion on the merits of the case and the Authority concerned shall decide the representation/application filed by the petitioner on its own merits strictly in accordance with law. Sd/- (Amitendra Kishore Prasad) Judge Avinash