1 2026:CGHC:14825 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 817 of 2022  Awam Barat Singh Diwan S/o Shri A.B.S. Diwan Aged About 51 Years Working As Physical Training Instructor, College Of Veterinary Science And Animal Husbandry, Anjora, Police Station- Pulgaon, Civil And Revenue District- Durg, Chhattisgarh, District : Durg, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary, Department Of Agriculture, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District- Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 2. Dau Shri Vasudeo Chandrakar, Kamdhenu Vishwavidyalaya, Through- Its Registrar, Anjora, Durg, Chhattisgarh, District : Durg, Chhattisgarh 3. Vice Chancellor, Dau Shri Vasudeo Chandrakar, Kamdhenu Vishwavidyalaya, Anjora, District- Durg, Chhattisgarh, District : Durg, Chhattisgarh 4. Dean, College Of Veterinary Science And Animal Husbandry, Anjora, District- Durg, Chhattisgarh, District : Durg, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Manoj Rai, Advocate For State : Mr. R.C.S. Deo, P.L. For Respondents No. 2 to 4 : Mr. Navoday Singh, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board Digitally signed by AJINKYA PANSARE Date: 2026.04.01 17:19:43 +0530 2 30.3.2026 1) By way of this petition, petitioner have sought following reliefs :- A. That this Hon’ble Court may kindly quash the letter dated 8.11.2021 (Annexure P/14) and issue a writ of mandamus directing the respondents for grant of revised pay scale to the petitioner along with arrears of salary. B. That any other relief which this court thinks fit in the interest of justice and equity. 2) Learned counsel for the petitioner submits that petitioner who is holding the post of Physical Training Instructor under respondent- university is entitled for arrears of salary and revised pay-scale according to the Sixth Pay Commission. He further submits that petitioner made a representation seeking aforesaid benefit and same has been rejected vide order dated 8.11.2021 on the ground that petitioner has not qualified NET examination. He contends that NET certificate is not necessary for Physical Training Instructor as per advertisement dated 27.4.2004 (Annexure P/1), thus respondent authorities have rejected the representation on wrong premises. He further contends that a direction may be issued to respondent authorities to extend the benefit of Sixth Pay Commission including arrears of salary. 3) On the other hand, learned counsel appearing for the respective respondents would oppose. 4) Admittedly, respondent-university declined to extend the benefit of 3 Sixth Pay Commission pursuant to a circular issued by Agriculture Department dated 28.5.2014 wherein qualification of NET has been made necessary. However, the said circular relates to the posts of Assistant Professor. It appears that respondent-university has wrongly applied the circular dated 28.5.2014 while deciding the claim of petitioner, therefore the order dated 8.11.2021 (Annexure P/14) is bad in law and is hereby quashed. 5) Accordingly, this petition is allowed and respondents No. 2 to 4 are directed to re-consider the claim of petitioner and take appropriate decision, preferably within a period of 30 days from today. Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a