1 2026:CGHC:10833 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4288 of 2024 1 - Ramlochan Dadsena S/o Shri B.R. Dadsena, Aged About 41 Years Working As Lab Assistant, Government Ayurved College, Raipur, District Raipur (C.G.) 2 - Smt. Jaya Sahu W/o Lukeshswar Sahu, Aged About 39 Years Working As Lab Assistant, Government Ayurved College, Raipur, District Raipur (C.G.) 3 - Smt. Reshma Khatun W/o Shaftain Raza, Aged About 36 Years Working As Lab Assistant, Government Auyrved College, Raipur, District Raipur (C.G.) 4 - Omprakash Sahoo S/o Ramprasad Sahoo, Aged About 36 Years Working As Lab Assistant, Government Ayurved College, Raipur, District Raipur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Finance (C.G.) Mahanadi Bhavan, Mantaralaya, Atal Nagar, Nava Raipur, District Raipur (C.G.) 2 - State Of Chhattisgarh, Through Secretary, Department Of Health And Family Welfare, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nava Raipur, District Raipur (C.G.) 3 - State Of Chhattisgarh, Through Secretary, Department Of Medical Education, Mahanadi Bhawan, Mantralaya Naya Raipur, Atal Nagar, District Raipur (C.G.) 4 - Secrertary Of Medical Education Department (Ayush) Department Of Health And Family Welfare, Mahanadi Bhavan, Mantralaya, Atal Nagar, Nava Raipur, District Raipur (C.G.) NIRMALA RAO 2 5 - Director Ayurved Yog And Naturopathy, Unani Sidh And Homeopathy (Ayush) Chhattisgarh, Block No.1, 3rd Floor, Indrawati Bhawan Naya Raipur, Atal Nagar, District Raipur (C.G.) 6 - Principal, Government Ayurveda College, G.E. Road Raipur, District- Raipur (C.G.) ... Respondent(s) For Petitioner/s : Shri Dhani Ram Patel, Advocate. For Respondent/ State : Ms. Soumya Sharma, P.L. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 02.03.2026 1. The present Writ Petition has been filed for grant of Grade Pay of Rs.2,800/- to the petitioners, who are holding the post of Lab Assistant. 2. The necessary facts of the case are that an advertisement for appointment on the post of Lab Assistant was issued by respondent No.5, which was published on 2nd May, 2016. In the said advertisement, the pay scale for the subject post has been prescribed as Rs.5200-20200 with grade pay of 2800 and the number of posts has been mentioned as 62. In the aforesaid advertisement, no different pay scale was specified. However, when the petitioners were selected and appointment orders were issued, the same mentioned a grade pay of 2400/- on the ground that they are working as Lab Assistants in Ayurveda Colleges. The Medical Education Department has framed the Rules namely, Chhattisgarh Chikitsa Shiksha Vibhag Alipik Vargiya (Sanchnalaya Chikitsa Shiksha Vibhag Se Sambandhit) Tritiya Shreni Seva Bharti Niyam, 2015 (hereinafter refers to as ‘the Rules, 2015’) 3 and the same has been published in the Chhattisgarh Gazette on 25th September, 2015 (Annexure-P/3). In Schedule I at S. No.60, a Grade Pay of 2800 has been prescribed for the post of Lab Assistant. The petitioners submitted representations seeking enhancement of their Grade Pay from 2400 to 2800/-, as other similarly situated Lab Assistants are getting the Grade Pay of 2800/-. Hence this petition. 3. Learned counsel for the petitioners would submit that the representations were made by the petitioners and that the State authorities examined the issue involved. He would contend that the respondent authorities arrived at the conclusion that the petitioners were being discriminated. He would submit that the Directorate, Ayurveda Yoga & Naturopathy Unani, Siddha and Homoeopathy (AYUSH), Chhattisgarh recommended a letter dated 3.2.2021 to the Additional Chief Secretary, Health and Family Welfare Department, Raipur, Chhattisgarh, but till date, no decision has been taken. 4. Learned counsel for the State would submit that the representations made by the petitioners are pending consideration before the State authorities. She would submit that an appropriate decision would be taken by the authorities concerned strictly in accordance with law. 5. I have heard learned counsel for the parties and perused the documents present on record. 6. A perusal of the note-sheet dated 18.4.2023 would reveal that the information was collected from the other states with regard to pay-scale and grade pay of Lab Assistants working in Ayurveda Colleges and it was found that there is discrepancy in the existing pay-scale of such Lab Assistants. The note-sheet would further show that the financial burden on the State was also assessed. 4 7. Taking into consideration the documents placed on record and the submissions made by counsel for the parties, the petition is disposed of. The petitioners would be at liberty to make fresh representation(s) before respondents No.1 to 5 within a period of 30 days from today and in turn, the respondent authorities are directed to take appropriate decision strictly in accordance with law, preferably, within a period of 90 days from the date of receipt of a copy of this order. 8. With the aforesaid liberty, this petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Nimmi