1 2026:CGHC:18003 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1547 of 2017 1 - Ashish Choure S/o Shri Prasad Choure, Aged About 46 Years R/o L I G- 2, Housing Board Colony, Shyamtarai, Dhamtari, Police Station Dhamtari, District Dhamtari Chhattisgarh., Chhattisgarh --- Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Man Planning Power, Mahanadi Bhawan, Mantralaya, New Raipur Chhattisgarh., Chhattisgarh 2 - The Director, Directorate, Technical Education, Women Polytechnic Campus, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - The Principal, Bhopal Rao Pawar, Government Polytechnic College, Rudri, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh ... Respondent(s) For Petitioner : Ms. Sharmila Singhai, Senior Advocate along with Ms. Gayatri Sahu, Advocate For State : Mr. Rishabh Chandra Singh Deo, PL Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 21.04.2026 1. Heard. 2. Pursuant to order dated 13.04.2026, Principal, Bhopal Rao Pawar, Government Polytechnic College, Rudri, District Dhamtari is present. He would submit that though it was observed by the Committee that there is pay disparity but direction was issued by the State Government to grant pay scale of Rs.4500-7000/- to the Caretakers appointed with Engineering Colleges and Government Polytechnic Institutions. He would contend that in absence of any specific order, the claim of the petitioner could not be considered. 3. The petitioner has filed this petition seeking following relief(s) : 2 “10.1 This Hon'ble Court may kindly be pleased to set- aside/quash the impugned order dated 20.02.2014 (Annexure P/1), 10.2 This Hon'ble Court may kindly be pleased to direct the respondent authorities to grant pay scale to the petitioner as Rs. 5200-20200 + grade pay Rs. 2800/-as recommended by the committee. 10.3 This Hon'ble Court may kindly be pleased to direct the respondent authorities to grant arrears of salary with 18% annual interest from the date of his initial appointment. 10.4 This Hon'ble Court may kindly be pleased to direct the respondent authorities to include the post of Instrument Repair in the set-up of respondent no. 3 institution. 10.5 Any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the cost of the petition may be given. 10.6 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to consider the case of the petitioner in parity as they have approved the pay- scale for the post of "Caretaker" such as recommended by the Committee and grant the recommended pay- scale to the petitioner for the post of "Instrument Repair"in the interest of justice.” 4. Ms. Singhai, learned Senior Advocate appearing for the petitioner would submit that the petitioner was appointed on the post of Instrument Repair on 24.10.1996. She would vehemently argue that the pay scale of Instrument Repair in Government Polytechnic Institution is higher than the pay scale which is being paid to the petitioner at Government Polytechnic College, Rudri Dhamtari (C.G.). She would contend that a Committee was constituted by the Commissioner, Technical Education Department and a report was submitted wherein, recommendation was made to fix pay scale of Instrument Repair Rs.5200-20200/- with grade pay of Rs.2800/- and pursuant to said recommendation, a representation was made before the Principal, Government Polytechnic College, Rudri, District Dhamtari but said representation was rejected vide order dated 20.02.2014. She would contend that as there is disparity in the pay scale of Instrument repair within 3 the State of Chhattisgarh, therefore, a direction may be issued to the State authorities to grant pay scale of Rs.5200 –20200/- with grade pay of Rs.2800/- to the petitioner, who is working on the post of Instrument Repair. 5. On the other hand, learned Panel Lawyer appearing for the State would oppose. He would submit that though a recommendation was made by the Committee but the Skilled Development and Technical Education Department, State of Chhattisgarh passed an order to grant pay scale of Rs.4500-7000/- only to the Caretakers working with the Engineering Colleges and Government Polytechnic Institutions and therefore, the petitioner who is working on the post of Instrument Repair has not been granted recommended pay scale. He would contend that there is no disparity for the post of Instrument Repair and the petition deserves to be dismissed. 6. I have heard the learned counsel appearing for the parties and perused the documents placed on record. 7. The pay scale of Instrument Repair in various Government Engineering and Government Polytechnic Colleges is given below in the chart : SI. No. Government Engineering and Government Polytechnic Colleges in different Districts of the State of Chhattisgarh Comparison of Pay Scale in different Government Engineering and Government Polytechnic Colleges over time 1. Petitioner was appointed as Instrument Repair in Government Polytechnic,Rudri, Dhamtari on 24/10/1996 Pay Scale received at the time of appointment: Rs. 1200–40-1440-50- 2040 Present day Pay Scale: Rs. 5200- 20,200 + 2400 Pay Scale sought for by the Petitioner: Rs. 5200- 20,200 +2800 2. Another person (Arun Ku. Kaushik) was also appointed as Instrument Repair on 09/05/1996 Pay Scale received at the time of appointment: Rs.1400-40-1440-50-2340 Present day Pay Scale: 5200-20,200 + 2800 3. Government Polytechnic, Durg (CG) Present day Pay Scale for the post of Instrument Repair: Rs. 5200- 20,200 +2800 as per 6th Pay Commission 4. Government Polytechnic, Ambikapur (CG) Pay Scale for the post of Instrument Repair under 5th Pay Commission: Rs. 4500 -125-7000 Pay Scale for the post of Instrument 4 Repair under 6th Pay Commission: Rs. 5200- 20,200 +2800 5. Government Engineering College,Jagdalpur (CG) Pay Scale for the post of Instrument Repair on 05/03/1993: Rs. 1400-40- 1400-50-2340 Present day Pay Scale for the post of Instrument Repair: Rs. 5200-20,200 +2800 8. Looking to such disparity, a Committee was constituted and a report was submitted before the Commissioner-cum-Director, Technical Education Directorate, Raipur wherein, a recommendation was made to grant pay scale of Rs.5200-20200/- with grade pay of Rs.2800/- to the Caretakers and Instrument Repair. The petitioner made a representation before the Principal, Government Polytechnic College, Rudri, District Dhamtari and same has been rejected on the ground that said recommendation was not approved by the State Government. An order was issued by the State Government, Department of Skilled Development and Technical Education, Raipur on 29.12.2017, whereby, recommendation made by the Committee pertaining to the post of Caretakers alone was accepted and no decision was taken to grant recommended pay scale to the Instrument Repair. The action on the part of the State appears to be discriminatory; arbitrary and violative of Articles 14, 16 & 21 of the Constitution of India. The representation made by the petitioner was rejected on wrong premises, therefore, order dated 20.02.2014 passed by respondent No.3 is hereby quashed. The respondent No.1 is directed to take appropriate decision with regard to grant of pay scale of Rs.5200-20200 with grade pay of Rs.2800/- to the petitioner who is working on the post of Instrument Repair according to the recommendation made by the Committee. The entire exercise shall be completed within a period of 90 days from the date of receipt of a copy of this order. The petitioner would be at liberty to make a representation before respondent No.1 within a period of 30 days along with relevant 5 documents. 9. With the aforesaid observation(s)/direction(s), the present petition is disposed of. sd/- (Rakesh Mohan Pandey) JUDGE Rekha