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2026 DAILYLAW 18861 (CHH)

GOTIYARAM BHAGAT v. STATE OF CHHATTISGARH

WPS/4115/2026 · 2026-05-12

Shri Bibhu Datta Guru

body2026

Judgment text

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1 2026:CGHC:22545 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4115 of 2026 1 - Gotiyaram Bhagat S/o Late Darri Bhagat Aged About 80 Years Retired Sthal Sahayak Posted At Office Of S.D.O. P.W.D. (B/ R) Sub Division Jashpur, Public Works Department District Jashpur Chhattisgarh R/o Village Aarakona Kandora Post Bhimsela Tahsil Manora District Jashpur Chhattisgarh 2 - Newaj Ram S/o Late Dhundha Ram Aged About 70 Years Retired Sthal Sahayk Posted At Ofifce Of S.D.O. P.W.D. (B/ R) Sub Division Kunkuri, Public Works Department District Jashpur Chhattisgarh R/o Village Farsakani Post Barangjor Tahsil Kunkuri District Jashpur Chhattisgarh 3 - Vishnu Prasad Singh S/o Late Shankar Nath Singh Aged About 65 Years Retired Sthal Sahayk Posted At Office Of S.D.O. P.W.D. (B/ R) Sub Division Kunkuri, Public Works Department District Jashpur Chhattisgarh R/o Village Vemtatoli (Saliyatoli) Post Ginabahar Tahsil Kunkuri District Jashpur Chhattisgarh 4 - Mohd. Kadir Khan S/o Late Mohd. Kadir Khan S/o Late Mohd. Jahir Khan Aged About 68 Years Retired Sthal Sahayk Posted At Office Of S.D.O. P.W.D. (B/ R) Sub Division Kunkuri, Public Works Department District Jashpur Chhattisgarh R/o Village And Post Keradih Tahsil Kunkuri District Jashpur Chhattisgarh 5 - Kailash Nath Singh S/o Late Budhnath Singh Aged About 65 Years Retired Sthal Sahayk Posted At Office Of S.D.O. P.W.D. (B/ R) Sub Division Bagicha, Public Works Department District Jashpur AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2026.05.14 18:42:54 +0530 2 Chhattisgarh R/o Village Khutgaon Ambatoli, Post Lodhma Tahsil Kunkuri District Jashpur Chhattisgarh 6 - Puran Chand Yadav S/o Late Chetan Yadav Aged About 66 Years Retired Sthal Sahayk Posted At Office Of S.D.O. P.W.D. (B/ R) Sub Division Kunkuri, Public Works Department District Jashpur Chhattisgarh R/o Village Gadabahar Post Keradih Tahsil Kunkuri District Jashpur Chhattisgarh 7 - Vijay Kumar Singh S/o Late Rajkishore Singh Aged About 64 Years Retired Sthal Sahayk Posted At Office Of S.D.O. P.W.D. (B/ R) Sub Division No. 1 Jashpur, Public Works Department District Jashpur Chhattisgarh R/o H. N. 18 Housing Board Colony Tahsil And District Jashpur Chhattisgarh 8 - Om Prakash Pandey S/o Late Brajraj Pandey Aged About 63 Years Retired Sthal Sahayk Posted At Office Of S.D.O. P.W.D. (B/ R) Sub Division No. 2 Jashpur, Public Works Department District Jashpur Chhattisgarh R/o Ward No. 11 Darbari Toli, Jashpur Nagar District Jashpur Chhattisgarh 9 - Raghunath Yadav S/o Late Jarman Singh Yadav Aged About 67 Years Retired Sthal Sahayk Posted At Office Of S.D.O. P.W.D. (B/ R) Sub Division No. 1 Jashpur, Public Works Department District Jashpur Chhattisgarh At Present R/o H. N. 62 Near Nivedita Girls Hostel, Mahapatre Colony, Jashpur Nagar District Jashpur Chhattisgarh 10 - Hari Kumar Sinha S/o Late Mahendra Prasad Sinha Aged About 70 Years Retired Sthal Sahayak Posted At Office Of S.D.O. P.W.D. (B/ R) Sub Division No. 1 Jashpur, Public Works Department District Jashpur Chhattisgarh R/o Flat No. 406, C-Block, 4th Floor Sai R.K.M. Palace, Vijaypath Road Khagaul (Danapur) Tahsil Danapur District Patna Bihar 11 - Prem Prakash Tripathi S/o Late Udit Narayan Tripathi Aged About 65 Years Retired Sthal Sahayak Posted At Office Of S.D.O. P.W.D. (B/ R) Sub Division No. 1 Jashpur, Public Works Department 3 District Jashpur Chhattisgarh R/o Telitoli, Jashpur Nagar Tahsil And District Jashpur Chhattisgarh 12 - Kashinath Tiwari S/o Late Jagdamba Tiwari Aged About 68 Years Retired Sthal Sahayak Posted At Office Of S.D.O. P.W.D. (B/ R) Sub Division No. 2 Jashpur, Public Works Department District Jashpur Chhattisgarh R/o Darbari Toli Ward No. 12, Jashpur Tahsil And District Jashpur Chhattisgarh 13 - Chitrasen Yadav S/o Late Sahasram Yadav Aged About 63 Years Retired Sthal Sahayak Posted At Office Of S.D.O. P.W.D. (B/ R) Sub Division No. 2 Jashpur, Public Works Department District Jashpur Chhattisgarh R/o H. N. 238/03 Ward No. 11 Darbari Toli, Jashpur Nagar District Jashpur Chhattisgarh 14 - Yogendra Prasad Mishra S/o Late Bhuvneshwar Mishra Aged About 65 Years Retired Sthal Sahayak Posted At Office Of S.D.O. P.W.D. (B/ R) Sub Division No. 1 Patthalgaon, Public Works Department District Jashpur Chhattisgarh R/o Ward No. 12 Darbari Toli, Shankar Mandir Road Jashpur District Jashpur Chhattisgarh 15 - Brij Kishor Mishra S/o Late Bhuvneshwar Mishra Aged About 78 Years Retired Sthal Sahayak Posted At Office Of S.D.O. P.W.D. (B/ R) Sub Division No. 2 Jashpur, Public Works Department District Jashpur Chhattisgarh R/o Village And Post - Sogda Tahsil Manora District Jashpur Chhattisgarh ... Petitioners versus 1 - State Of Chhattisgarh Through Secretary, Public Works Department Mahanadi Bhawan, Mantralaya, Atal Nagar New Raipur District Raipur Chhattisgarh 2 - State Of Chhattisgarh Through Secretary, Department Of Finance Mahanadi Bhawan, Mantralaya, New Raipur, Atal Nagar, District Raipur Chhattisgarh 3 - State Of Chhattisgarh Through Secretary, General Administration Department Mahanadi Bhawan, Mantralaya, New Raipur Atal Nagar District Raipur Chhattisgarh 4 4 - Engineer In Chief Public Works Department, Sihawa Bhawan New Raipur, District Raipur Chhattisgarh 5 - Chief Engineer Public Works Department, Ambikapur Mandal, District Surguja Chhattisgarh 6 - Superintending Engineer Public Works Department, Ambikapur Mandal, District Surguja Chhattisgarh 7 - Executive Engineer Public Works Department, Division Jashpur, District Jashpur Chhattisgarh 8 - Executive Engineer Public Works Department, Division Patthalgaon, District Jashpur Chhattisgarh 9 - Joint Director Pension And Account Treasury Department Bilaspur Division, District Bilaspur Chhattisgarh 10 - Joint Director Pension And Account Treasury Department Ambikapur Division, District Surguja Chhattisgarh ... Respondents For Petitioners : Mr. F.S. Khare, Advocate. For Respondents/State : Ms. Anuja Sharma, Dy.G.A. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 13/05/2026 1. By the present writ petition, the petitioners have prayed for following relief:- “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 Curt 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 petitioners from their initial date of appointment. 5 10.3 That, if the Hon'ble Court may deem fit and proper be pleased to dispose of this writ petition granting same relief of making fresh representation to the competent authority, which is granted in W.P.S. No. 765/2025 disposed of on 15.01.2026 (P/11). 10.4 That, this Hon'ble court may kindly be call for the records for its kind perusal which relates to petitioner's matter. 10.5 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 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. 6 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 of. SD/- (Bibhu Datta Guru) Judge Amardeep