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2026 DAILYLAW 1660 (CHH)

GAJANAND ALIAS GAJANAN PATEL v. STATE OF CHHATTISGARH

WPS/765/2025 · 2026-01-14

Shri Parth Prateem Sahu

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Judgment text

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1 2026:CGHC:2542 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 765 of 2025 1 - Gajanand Alias Gajanan Patel S/o Late Monu Dau Patel Aged About 70 Years Retired Sthal Sahayak, Posted At Public Work Department Sub Division Raigarh District Raigarh (C.G.), R/o. Village and Post Mura, P.S. Bhupdeopur Tahsil Kharsiya, District – Raigarh (C.G.) 2 - Ram Lal Yadav S/o Late Santram Yadav Aged About 67 Years Retired Sthal Sahayak (Time Keeper), Office Of S.D.O. Sub Division Sarangarh, Public Works Department, Division Raigarh, District Raigarh (C.G.) R/o Village Kotri, Tahsil Saranggarh Disrrict Saranggarh-Bilaigarh (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Public Works Department Mahanadi Bhawan, Mantralaya, Atal Nagar New Raipur District Raipur (C.G.) 2 - Engineer In Chief, Public Works Department, Sihawa Bhawan New Raipur, District-Raipur (C.G.) 3 - Superintending Engineer Public Work Department Rastriya Rajmarg Division Bilaspur Near Collector Office Bilaspur District Bilaspur (C.G.) 4 - Exrcutive Engineer, Public Work Department Rastriya Rajmarg Division Bilaspur Near Collector Office Bilaspur District Bilaspur (C.G.) 5 - Chief Engineer Public Works Department Bilaspur Mandal District- Bilaspur (C.G.) 6 - Superintending Engineer Public Works Department, Bilaspur Mandal District Bilaspur (C.G.) 7 - Executive Engineer Public Works Department Division Raigarh District Raigarh (C.G.) 8 - Joint Director Pension And Account Treasury Department Bilaspur Division Raigarh District Raigarh (C.G.) --- Respondent(s) BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN 2 For Petitioners : Mr. F.S. Khare, Advocate For Respondents : Ms. Akanksha Verma Dabhadekar, Advocate Hon'ble Shri Justice Parth Prateem Sahu Order On Board 15/01/2026 1. The petitioners have filled this petition seeking the following reliefs:- “10.1 That this Hon'ble court may kindly be pleased to allow the writ petition and be pleased to direct the respondents to remove the anomaly accord in the service of petitioners. 10.2 That, the Hon'ble Court may kindly be pleased to direct the respondents to grant pay scale published in the Gazette dated 14.10.1982 and also direct to pay the arrears to the petitioner from him initial date of appointment. 10.3 That, this Hon'ble court may kindly be call for the records for its kind perusal which relates to petitioner's matter. 10.4 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioners.” 2. Learned counsel appearing for the petitioners submitted that in similarly situated facts and the question of law, a batch of the writ petition, the leading case of which was Writ Petition (S) No. 2904 of 2005 [Dwarikadas Vaishnav & another Vs. State of Madhya Pradesh (now Chhattisgarh) and others] has been considered and decided by the Coordinate Bench of this Court vide order dated 05.12.2012, in which, the petitioners, in those cases, have been granted liberty to file 3 a fresh representation before competent authority, therefore, this petition may also be disposed of in light of that order directing the respondents- Competent Authority to consider the case of the petitioners for revision of his pay scale in accordance with the Notification dated 14.10.1992 (which was modified subsequently as 14.10.1982) issued by State of Madhya Pradesh, as the petitioners were earlier working as daily wage employee 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 if the petitioners file a fresh representation, the State will consider their case in light of the notification as mentioned herein above. 4. In view of the above submissions made by the parties, this petition is disposed of. If the petitioners file a fresh representation before the competent authority, the same shall be considered and decided by the competent authority in light of the aforesaid notification expeditiously preferably within a period of six months from the date of receipt/ production of a certified copy of this order. 5. With the aforesaid observation, the writ petition is disposed off. Sd/- (Parth Prateem Sahu) Judge Balram