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2026 DAILYLAW 1104 (CHH)

VIJENDRA RAIKWAR v. STATE OF CHHATTISGARH

WPS/376/2025 · 2026-01-20

Shri Parth Prateem Sahu

body2026

Judgment text

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1 / 5 2026:CGHC:3623 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 376 of 2025 • Vijendra Raikwar S/o Shri Murari Lal Raikwar Aged About 41 Years Artist Modeler Government Medical College Jagdalpur District - Bastar Jagdalpur (C.G.) R/o Dharampura Ashram Road Jagdalpur District - Bastar - Jagdalpur (C.G.) ... Petitioner versus 1. State Of Chhattisgarh Through The Secretary Health And Family Welfare Department Of Medical Education Mantralaya At Mahanadi Bhawan Atal Nagar Nava Raipur Distrit - Raipur (C.G.) 2. The Secretary Finance Department Mantralaya At Mahanadi Bhawan Atal Nagar Nava Raipur District - Raipur (C.G.) 3. The Director Directorate Of Medical Education Swasthaya Bhawan North Block Sector 19, Atal Nagar New Raipur District - Raipur (C.G.) 4. The Commissioner Medical Education Swasthya Bhawan North Block Sector 19, Atal Nagar New Raipur District - Raipur (C.G.) 5. The Dean Baliram Kashyap Memorial Government Medical College Dimrapal Jagdalpur District - Jagdalpur (C.G.0 6. The Joint Director Treasury And Accounts Bastar Division Jagdalpur (C.G.) ... Respondents with WPS No. 910 of 2025 • Deepak Kumar Sahu S/o Late Shri Muraharam Sahu Aged About 42 Years Post- Photographer, Government Medical College, Jagdalpur, District- Bastar-Jagdalpur, C.G. R/o Guru Ghasidas Ward 28, Near Champabag, Jagdalpur, District Bastar-Jagdalpur, C.G. ... Petitioner versus 1. State Of Chhattisgarh Through The Secretary, Health And Medical Education, Mantralaya At Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 2. The Secretary Finance Department, Mantralaya At Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur (C.G. PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 5 3. The Director Directorate Of Medical Education, Swasthya Bhawan, North Block, Sector - 19, Atal Nagar, New Raipur, District- Raipur, C.G. 4. The Commissioner Medical Education, Swasthya Bhawan, North Block, Sector- 19, Atal Nagar, New Raipur, District- Raipur C.G. 5. The Dean Late Baliram Kashyap Memorial Government Medical College, Dimrapal, Jagdalpur, District Jagdalpur, C.G 6. The Joint Director Treasury, Account And Pension, Bastar Division, Jagalpur, District- Bastar- Jagdalpur, C.G. ... Respondents For Petitioner : Mr. Tanmay Thomas, Advocate For Respondent-State : Mr. Khulesh Sahu, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 21/01/2026 1. Petitioner in WPS No. 376 of 2025 has filed writ petition seeking following reliefs. “10.1 That this Hon'ble Court may kindly be pleased to issue writ of appropriate nature and direct the Respondent Authorities to correct/fix the pay-scale of the petitioner as 9300-34800/- Grade Pay 4200 at par with the approved pay scale for the post post of 'artist modeller' in Government Medical College, Raigarh. 10.2 That, this Hon'ble Court may kindly be further pleased to direct the Respondents Authorities for calculation and payment of arrears with interest after proper fixation of pay scale as 9300-34800/- Grade Pay 4200. 10.3 That, the Hon’ble Court may kindly be pleased to grant any other relief which this Hon’ble Court may deem fit and appropriate. 10.4 Cost of the petition may also be given.” 2. Petitioner in WPS No. 910 of 2025 has filed writ petition seeking following reliefs. “10.1 That this Hon'ble Court may kindly be pleased to issue writ of appropriate nature and direct the Respondent Authorities to correct/fix the pay-scale of the petitioner as Rs. 5200- 20200/-Grade Pay 2800 at par with the approved pay scale for the post post of 'Photographer' in Government Medical College, Raigarh. 3 / 5 10.2 That, this Hon'ble Court may kindly be further pleased to direct the Respondents Authorities for calculation and payment of arrears with interest after proper fixation of pay scale as Rs. 5200-20200/-Grade Pay 2800. 10.3 That, the Hon’ble Court may kindly be pleased to grant any other relief which this Hon’ble Court may deem fit and appropriate. 10.4 Cost of the petition may also be given.” 3. Learned counsel for petitioners submits that pursuant to the advertisement issued by Respondent No. 5 in the year 2014, petitioners submitted application for their appointment on the post of Artist Modeler and Photographer respectively, in which petitioners became successful and they were issued order of appointment on 08.01.2015 and 16.07.2014. According to the appointment order, pay scale is mentioned as Rs. 5200-20200 with grade pay Rs. 1900. Since then petitioners are working on their post. Later on, post set up is also published by Respondent No. 5 in which salary of Artist Modeler and the Photographer is shown as Rs. 5200-20200 with grade pay Rs. 1900. Petitioners came to know that in other medical colleges like Late Shri Lakhiram Agrawal Memorial Govt. Medical College, Raigarh, State Government has created 93 teaching posts and also mentioned pay-scale to be paid for that posts. For Artist Modeler pay-scale is fixed as Rs. 9300- 34800 with grade-pay Rs. 4200 and for Photographer it is mentioned as Rs. 5200-20200 with grade-pay Rs. 2800. After coming across the disparity in the pay-scale of the employees of similar cadre in two different medical colleges of the State Government, petitioners submitted application/ representation before the authorities which were taken cognizance and proceedings were also initiated. Copies of ordersheets/ proceedings of the respondents authorities is enclosed as Annexure P-8. It was forwarded to one authority to another, however, till date no decision has been taken on the claim of petitioner with regard to disparity in pay-scale of the employees posted in two different medical colleges. 4 / 5 4. Learned State counsel submits that he is not disputing the submission of learned counsel for petitioners with regard to submission of application and proceeding initiated by the respondents authorities for considering claim of petitioners and further submits that along with reply, State has also filed document Annexure R-1 mentioning that the Dean of late Shri Baliram Kashyap Memorial Govt. Medical College, Jagdalpur has also written letter to Respondent No. 4 in this regard for appropriate orders/ direction. The letter is dated 28.10.2024 and accordingly in reply this fact has also been specifically pleaded. He further submits that as per his instruction, received from the Officer-in-Charge of the case, decision on the claim of petitioners with regard to disparity of pay-scale is still pending consideration before the authority. 5. I have heard learned counsel for the parties and also perused documents placed on record. 6. Perusal of Annexure P-1 which is advertisement issued by Respondent No. 5 would show that along with other posts the post of Artist Modeler and Photographer were also advertised and the pay-scale to be Rs. 5200-20200 with grade-pay Rs. 1900. Annexure P-3 is a letter of the State Government to the Directorate of Medical Education Department, Raipur and it is mentioned that this letter deals with correction of posts for late Shri Lakhiram Agrawal Memorial Medical College, Raigarh in which several posts have been created and forming part of Annexure P-3 shall also include post of Artist Modeler at Sr. No. 14 for which pay-scale as prescribed is Rs. 9300-34800 with grade- pay Rs. 4200 and post of Photographer is mentioned at Sr. No. 20 for which pay-scale is mentioned as Rs. 5200-20200 with grade-pay Rs. 2800. Both the medical colleges, one at Jagdapur and another at Raigarh are the Government medical colleges and from the documents enclosed along with writ petition ie., Annexure P-1 and Annexure P-3, it is prima facie appearing that there is disparity of pay-scales of the officials in both the medical colleges. Petitioners have also enclosed notesheet showing proceeding of amendment in pay-scale, however, final decision has not been taken till date. 5 / 5 Respondent-State has also filed document Annexure R-1 along with reply, letter written by Respondent no. 5 to Respondent No. 4 on the claim of petitioners by applications for amendment of pay-scale and according to the submission of learned State counsel also, it is pending consideration before the appropriate authority as of now. 7. In the aforementioned facts of the case, considering the contents of documents Annexure P-1, P-3 as also the ordersheet of proceeding on the representation for amendment of pay-scale Annexure P-8 as also Annexure R-1 letter written by Respondent No. 5 to Respondent No. 4 for correction of pay-scale, I find it appropriate to dispose of this writ petition at this stage, directing respondents to take decision on the claim of petitioners for amending pay-scale of the employees posted in late Shri Baliram Kashyap Memorial Govt. Medical College, Jagdalpur in the tune of pay-scale as fixed by the State Government for the employees of late Shri Lakhiram Agrawal Memorial Govt. Medical College, Raigarh. 8. Considering the fact that claim of petitioners for amending pay-scale is pending consideration since 2019 and no decision could have been taken even after lapse of 6 years, respondents are directed to take decision on the claim of petitioners in accordance with law, expeditiously, preferably within a further period of 06 months from the date of receipt of order passed by this Court. 9. Learned State counsel is also directed to inform the concerned authorities about order passed by this Court, forthwith. 10. Accordingly, this petition is disposed of with aforesaid observations and directions. Certified copy as per rules. Sd/- (Parth Prateem Sahu) pwn JUDGE