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2026:CGHC:8985 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No.
13490
of 2025
1. Dr. Khushi Ram Sahu S/o Late Shri Jhadu Ram Sahu Aged About 66 Years R/o B-123, Rama Green City, Khamtrai, Bilaspur, District Bilaspur C.G.
2. Shri Ramesh Kumar Tamboli S/o Shri Ram Ratan Lal Tamboli Aged About 66 Years R/o Near Vivekanand School, Railway Bangla Para, District- Raigarh C.G.
3. Dr. Hemkalyan Singh Gajendra S/o Shri Amar Singh Gajendra Aged About 68 Years R/o M I G Deluxe 94, Sector 08, Housing Board Colony Saddu, District- Raipur C.G.
... Petitioners versus
1. State Of Chhattisgarh Through Secretary, Department Of Higher Education, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur C.G.
2. Under Secretary, Department Of Higher Education, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur C.G.
3. Commissioner, Directorate Of Higher Education Raipur, Nawa Raipur, Atal Nagar, C.G. ... Respondents For Petitioners : Mr. Pankaj Singh, Advocate For Respondent-State : Mr. Rishabh Bisen, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD 19/02/2026
1. Petitioners have filed this writ petition seeking following reliefs. 10.a) Quash and set aside the impugned order dated 13.10.2025, limited to and only to the extent that - (i) the Petitioners have been granted notional/imaginary promotion without extending actual and consequential service and monetary benefits; (ii) the Petitioners have been granted AGP 9,000; b) Direct the Respondents to grant the Petitioners promotion to the post of Professor w.e.f. 19.08.2016 and all benefits, financial and PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA
2 / 3 otherwise, arising thereof and consequential thereof; c) Direct the Respondents to re-fix the pay scale of the Petitioners in the pay band of ₹ 37,400-67,000 with AGP 10,000, in terms of Government Order dated 29.08.2023, and to grant all consequential monetary benefits, including arrears of pay, revised pay fixation, increments, and pensionary benefits; d) Direct the Respondents to release arrears of salary and pension, along with all other consequential retirement benefits, by taking into account the corrected pay fixation and actual promotion benefits from 19.08.2016; e) Award interest on the arrears so determined, at a just and reasonable rate, in the interest of equity and fairness, as the Petitioners were unjustifiably denied their rightful promotion and benefits due to administrative lapses attributable solely to the Respondents; f) Hold that the principle of "No Work No Pay" is inapplicable in the present case, as the Petitioners were at all times willing and eligible to discharge duties of the promotional post, but were wrongfully denied appointment due to no fault of their own; g) Pass any other order(s) or direction(s) that this Hon'ble Court may deem fit, just, proper, and necessary in the facts and circumstances of the case, in the interest of justice.”
2.
Learned counsel for petitioners submits that petitioners stood retire from services after attaining age of superannuation while working on the post of Professor under the Higher Education Department. Grievance of petitioners is with regard to non-payment of Rs.10,000/- towards AGP for which they are entitled as per Chhattisgarh Educational Service (Collegiate Branch, Gazetted) Recruitment Rules, 2019. He submits that as per Schedule-I of Rules, 2019, pay scale of Professor and Deputy Director, Higher Education is provided at Sr. No.4, which provides for grant of AGP of Rs.10,000/- along with pay. He submits that vide impugned order dated 13.10.2025, petitioners were given notional/ proforma promotion on the post of Professor denying them actual service benefits and consequential monetary entitlements invoking the principle of ‘No Work No Pay’. By virtue of amended Rules, 2019, petitioners are entitled for Rs.10,000/- towards AGP. Therefore, at this
3 / 3 stage, grievance of petitioner would be redressed, if petitioners may be permitted to submit representation before the respondents and the respondents be directed to consider and decide the representation to be submitted by petitioners within specified time.
3. Learned State counsel submits that at this stage he is having no objection to the limited prayer made by learned counsel for petitioners.
4. I have heard learned counsel for parties and perused the documents placed on record.
5. Annexure P-1 is order of promotion dated 13.10.2025 by which Assistant Professors were promoted to the post of Professor w.e.f. 19.08.2016. Name of petitioners find place at Sr. Nos. 15, 16 and 17. Rules of 2019 prescribes pay-scale of Professor and Deputy Director, Higher Education at Sr. No.4 of Rs.37400 – 67000 + AGP 10,000.
6. In view of aforementioned facts of the case and limited prayer made by petitioner, without observing anything on merits of the case, I find it appropriate to dispose of the writ petition, permitting the petitioners to submit representation before respondents and in turn respondents are directed to consider and decide representation to be submitted by petitioners, in accordance with law, preferably within a further period of 03 months from the date of receipt of representation to be submitted by petitioners.
7. With the aforesaid observation and direction, this writ petition is disposed of. Sd/- (Parth Prateem Sahu) pwn
JUDGE