1 / 4 2026:CGHC:14983 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2918 of 2026 1 - Dr. Alpana Deshpande W/o Arvind Deshpande Aged About 59 Years Presently Working On The Post Of Assistant Professor At Dr. Khubchand Baghel Government Post Graduate College, Bhilai- 3, District Durg, Chhattisgarh 2 - Nivedita Mukharjee W/o Dr. Tapas Mukharjee Aged About 62 Years Presently Working On The Post Of Assistant Professor At Government Naveen College, Risali, Bhilai, District Durg, Chhattisgarh ... Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Higher Education, Mahanadi Mantralaya, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh 2 - The Additional Secretary Department Of Higher Education, Mahanadi Mantralaya, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh 3 - Principal Secretary Department Of General Administration, Mahanadi Mantralaya, Naya Raipur, District Raipur, Chhattisgarh 4 - Principal Secretary Department Of Finance, Mahanadi Mantralaya, Naya Raipur, District Raipur, Chhattisgarh 5 - Commissioner Department Of Higher Education, Government Of Chhattisgarh, Block- 3, Indravati Bhawan, Naya Raipur, District Raipur, Chhattisgarh 6 - Principal Dr. Khubchand Baghel Government Post Graduate College, Bhilai-3, District Durg, Chhattisgarh 7 - Principal Government Naveen College, Risali, Bhilai, District Durg, Chhattisgarh ... Respondent(s) 2 / 4 For Petitioner : Mr. Himanshu Yadu, Advocate For Respondents : Mr. Ajay Kumrani, P.L. HON'BLE SHRI PARTH PRATEEM SAHU, JUDGE ORDER ON BOARD 01.04.2026 1. Petitioners have filed this writ petition seeking following reliefs: “10.1 The Hon'ble Court may kindly be pleased to direct the respondents to grant the benefits of senior grade pay scale and selection grade pay scale by counting the services of petitioners from the date of initial emergency appointment and re-fixation of pay and release of arrears of the difference amount along with interest @ 12% per annum from the date it became due till the date of actual payment. 10.2 To issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to consider and decide the representation (Annexure P/5) of the petitioners for grant of Senior Grade Pay Scale and Selection Grade Pay Scale by counting the past services from the date of initial emergency appointment, in accordance with law and in light of the judgment of this Hon'ble Court dated 06.01.2023 in WPS No. 8375 of 2018 (Dr. Deepak Kumar Shukla & Ors. Deepak Kumar Shukla & Ors. v. State of Chhattisgarh & Ors.) and the catena of judgments of the Hon'ble Supreme Court and High Courts on the identical issue, within a stipulated time frame as this Hon'ble Court may deem fit and proper. 10.3 To grant any other relief, which this Hon'ble Court deems fit in the facts and circumstances of the case along with costs of the petition.” 2. Counsel for petitioners submits that the petitioners were initially engaged as Assistant Professors on Emergency Basis in the year 1988. Subsequently, looking to the continuously engagement of the petitioner, they were regularized on their post vide order dated 3 / 4 05.02.2008, however, petitioners were not extended the benefit of prefixation of pay, senior grade-pay and selection grade pay, counting their past services also. It is contention of counsel for the petitioner that similarly placed petitioners have earlier filed writ petition being WPS No. 8375 of 2018 which was partly allowed and case of the petitioner is squarely covered with the said decision. He also contended that petitioners have submitted representation vide Annexure-P/4 which is also not considered and therefore, direction be issued to the respondent No. 5 to consider and take decision on the representation, at the earliest, within specified time frame. 3. Counsel for the State submits that in view of the limited prayer made by counsel for the Petitioner, he is having no objection. 4. Case of the petitioner is that, the petitioners were initially appointed as Assistant Professor on emergency basis. The services of petitioners were subsquently regularized on 05.02.2008. Similary petitioners have approached this Court in WPS No. 8375 of 2018 (Dr. Deepak Kumar Shukla & Others v. State of Chhattisgarh & Others) which was decided on 06.01.2023 and the coordinate Bench of this Court has allowed the petition in part in favour of the petitioner therein with following observation: “35. In view of the above discussion and considering the entire facts of the case, material on record, both writ petitions are allowed. The impugned order dated 27.11.2018 (Annexure P/36) and denial of selection grade by the respondents are set aside. The respondents are directed to examine the case of the individual petitioners after adding their past service appointed on emergency basis for grant of selection grade and if the petitioners fulfill all the requisite conditions which are required for grant of selection grade as per the policy/circular issued by the State Government as well as University Grants Commission from time to time within four months from the 4 / 4 date of receipt of copy of this order. It is made clear that adding of past services shall be considered for grant of selection grade and pension only. It will not be counted for grant of seniority. 36. It is made clear that this Court has not expressed anything on the merit of any individual petitioners regarding their entitlement to get selection grade. This Court has only examined whether the past services of the petitioners on emergency basis is required to be added or not for grant of selection grade. 37. It is further directed that after adding the past service, if the petitioners are found eligible for grant of selection grade, the difference of arrears be paid to them within further period of two months from the date of taking final decision over grant of selection grade.” 5. Petitioner had already submitted representation before respondent No. 5 which till date is pending consideration and therefore, at this stage, instead of keeping this writ petition pending, seeking reply from the respondents, I find it appropriate to dispose this writ petition at this stage, permitting the petitioner to submit fresh comprehensive representation along with all supporting documents, and in the event, such a representation is submitted, the concerned authority shall consider and take decision on the representation to be submitted by the petitioner, keeping in mind the decision in case of Dr. Deepak Kumar Shukla (supra) in accordance with law, expeditiously preferably within a further period of two months from the date of receipt of the representation. 6. Accordingly, this writ petition is disposed of with the aforesaid observation and direction. Sd/- (Parth Prateem Sahu) Saurabh JUDGE