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2026 DAILYLAW 20630 (CHH)

MAHESH KUMAR SAHU v. STATE OF CHHATTISGARH

WPS/4017/2026 · 2026-05-10

Shri Bibhu Datta Guru

body2026

Judgment text

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1 2026:CGHC:21912 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4017 of 2026 1 - Mahesh Kumar Sahu S/o Gokul Ram Sahu Aged About 73 Years R/o Ward No. 5, Post- Jamgaon, Distt. Raipur, Chhattisgarh 2 - Milap Das Manikpur (Dead) Through Its Legal Heir Mamta Manikpuri W/o Late Milap Das Manikpuri Aged About 58 Years R/o Imlibhata, Distt. Mahasamund, Chhattisgarh 3 - Bhagwat Ram Sahu S/o Mukund Ram Sahu Aged About 71 Years R/o Ward No. 2, Distt. Mahasamund, Chhattisgarh 4 - Narayan Prasad Sahu S/o Daya Ram Sahu Aged About 66 Years R/o Jay Hind Chowk, Lodhipara, Pandri Distt. Raipur, Chhattisgarh 5 - Kishan Lal Parsakar S/o Late Shri Laxman Rao Parsakar Aged About 80 Years R/o Gulab Yadu Bada, Kota, Distt. Raipur Chhattisgarh 6 - Khorbahara Lahre S/o Late Kam Singh Lahre Aged About 75 Years R/o Pujari Para, Baloda Bazar Distt. Baloda-Bazar Bhatapara SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2026.05.12 10:13:22 +0530 2 Chhattisgarh 7 - Vasarat Khan (Dead) Through Its Legal Heir Rahima Begam W/o Late Vasarat Khan, Aged About 56 Years R/o Ward No. 09, Simga, Distt. Baloda Bazar Bhatapara, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Chief Secretary, Govt. Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Chhattisgarh 2 - The Secretary General Administration Department, Govt. Of Chhattisgarh Mahanadi Bhawan, Atal Nagar, Nava Raipur, Chhattisgarh 3 - The Secretary Water-Resource Department Govt. Of Chhattisgarh Mahanadi Bhawan, Atal Nagar, Nava Raipur, Chhattisgarh 4 - The Secretary Department Of Finance, Accounts And Treasury, Govt. Of Chhattisgarh Mahanadi Bhawan, Atal Nagar, Nava Raipur, Chhattisgarh 5 - The Executive Engineer Water Resource Department, Division No. 3 Tilda, Distt. Raipur, Chhattisgarh 3 6 - The Executive Engineer Water Resources Department, Division No. 1 Raipur, Distt. Raipur, Chhattisgarh 7 - The Executive Engineer Water Resource Department, Sub- Division No. 1, Rudri, Distt. Dhamtari, Chhattisgarh 8 - The Executive Engineer Water Resources Department, Division Mahasamund, Distt. Mahasamund, Chhattisgarh ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Sudhanshu Upadhyay, Advocate appears through Video Conferencing. For Respondent(s) : Shri Aditya Tiwari, Panel Lawyer Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 11.05.2026 Heard. 1. The petitioners have filled, this petition seeking the following reliefs:- (i) That, this Hon'ble Court may kindly be pleased to allow the present writ petition preferred by the petitioner and direct the respondent authorities to remove the anomaly occurred in the service of the petitioner. 4 (ii) That, this Hon'ble Court may kindly be pleased to direct the Respondent authorities to grant pay scale published in the gazette notification dated 14.10.1982 (iii) Alternatively, this Hon'ble Court may kindly be pleased to issue appropriate writ/order/direction similar to order passed in WPS No. 3358 of 2025 in case of Bhojram Nayak and Others v. State of Chhattisgarh granting liberty to petitioner to file a fresh representation and further directing the respondent authorities to consider the same in light of gazette notification dated 14.10.1982 (iv) That any other relief which this Hon'ble Court may deem fit and necessary in the interest of justice may kindly be awarded. (v) That. the Cost of the petition may kindly also be awarded to the petitioner. 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] 5 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 their 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 employees 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. 6 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/- (Bibhu Datta Guru) JUDGE shoaib