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2026 DAILYLAW 13678 (CHH)

CHANDRIKA BAI v. THE STATE OF CHHATTISGARH

WPS/2703/2026 · 2026-03-23

Shri Parth Prateem Sahu

body2026

Judgment text

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1 2026:CGHC:13898 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2703 of 2026 1 - Chandrika Bai W/o Late Manbodh Singh Aged About 73 Years Retired Field Assistant Work Charged Category, Public Works Division Khairagarh, Aged About 73 Years, R/o 59, Chhuriya Block, Salhe Tola District Rajnandgaon, Chhattisgarh- 491558 ... Petitioner Versus 1 - The State Of Chhattisgarh Through The Chief Secretary, Government Of Chhattisgarh, Mantralaya, Mahanadi Bhavan, Naya Raipur, District Raipur Chhattisgarh 492002 2 - The State Of Chhattisgarh Through The Secretary, General Administration Department, Government Of Chhattisgarh, Mantralaya, Mahanadi Bhavan, Naya Raipur, District Raipur Chhattisgarh 492002 3 - The State Of Chhattisgarh Through The Secretary, Public Works Department, Government Of Chhattisgarh, Mantralaya, Mahanadi Bhavan, Naya Raipur, District Raipur Chhattisgarh 492002 4 - The Engineer In Chief Public Works Department, Nirman Bhawan, North Block, Sector-19, Capitol Complex, Nava Raipur Atal Nagar, District Raipur Chhattisgarh- 492002 5 - The Executive Engineer Public Works Department (B And R), Khairagarh Division, Chhattisgarh 6 - The Sub Divisional Officer Public Works Department (B And R), Sub Division Dongargarh Chhattisgarh ... Respondents 2 For Petitioner : Mr. Ashwin Panickar, Advocate For Respondents : Ms. Sakshi Bajpai, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 24/03 /2026 1. The petitioner has filed this writ petition seeking following reliefs:- “10.1 That this Hon'ble Court may kindly be pleased to call for records from the respondents. 10.2 That this Hon'ble Court may kindly direct the Respondents to grant the benefits of higher pay scale to the period of service of petitioner and revise the pension of the Petitioner as per the gazette notification dated 14.10.1982. 10.3 That, this Hon'ble Court may kindly direct the Respondents to pay arrears of salary and pension to the Petitioner. 10.4) That, this Hon'ble Court may kindly direct the Respondents to remove the anomaly in the service of the Petitioner. 10.5) That, this Hon'ble Court may kindly be pleased to issue writ/order/direction similar to the order passed on 09.06.2025 in WPS No. 3524 of 2025 directing the respondent authorities to consider and decide the fresh representation in the light of the gazette notification dated 14.10.1982 expeditiously preferably within a period of six months from the date of receipt/production of a certified copy of this order. 10.6 That, this Hon’ble Court may kindly grant cost of petition to the Petitioner. 10.7 That, this Hon’ble Court may kindly grant any other relief as this Hon’ble Court may deem fit and proper in the nature and circumstances of the present case in the interest of justice.” 2. Learned counsel appearing for the petitioner submits that in similarly situated facts and the question of law, a batch of the writ petition, leading case of which was Writ Petition (S) No. 2904 of 2005 [Dwarikadas Vaishnav & another Vs. State of Madhya Pradesh (now Chhattisgarh) and other connected matters has been considered and decided by the Coordinate Bench of this Court vide order dated 05.12.2012, in which, the petitioners therein, have been granted liberty to file a fresh representation 3 before competent authority, therefore, this petition may also be disposed of in light of that order directing the respondents-Competent Authority to consider and take decision on the case of the petitioners for revision of their pay scale in accordance with the Notification dated 14.10.1992 issued by State of Madhya Pradesh, as the petitioners were earlier working as daily wage employees and subsequently, their services were regularized. 3. Learned counsel appearing for the State/respondents would submit that earlier the Respondent/State had already considered the issue of the petitioners in the light of the judgment passed by State Administrative Tribunal, Gwalior Bench in Laxmi Narayan Upadhyay v.State of M.P.,. However, he submits that in view of the limited prayer made by the counsel for petitioner to file representation before the competent authority and further to consider and take decision on the same, he is having no objection. 4. I have heard learned counsel for the parties and perused the documents placed on record. 5. On due consideration of the submission of counsel for the respective parties, facts and circumstances of the case, nature of grievance raised by the petitioner, without entering into the merits of the claim of petitioner, this writ petition at this stage is disposed of permitting the petitioner to submit representation before the concerned authority raising all the grounds as raised in this writ petition and in the event petitioner submits representation, the concerned authority shall consider and take decision on the representation to be submitted by the petitioners in accordance with law, expeditiously, preferably within a period of 03 months from the date of receipt of representation. 4 6. With the aforesaid observation and direction, this writ petition stands disposed of. Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY