1 2026:CGHC:22064 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5308 of 2021  Devendra Kumar Durgam S/o Mr. Durgam Samaiya, Aged About 38 Years Post Lecturer, Posted At Govt. Pota Cabin Boys High School Toynar, Block Bijapur, District Bijapur Chhattisgarh, District : Bijapur, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through Its Secretary, School Education Department, Mantralaya, Naya Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2. Director, Public Instruction, Sanchanalaya, Ist Floor, Indravati Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3. District Education Officer, District Bijapur, District : Bijapur, Chhattisgarh 4. Block Education Officer, Block Bijapur, District Bijapur Chhattisgarh, District : Bijapur, Chhattisgarh 5. Commissioner Higher Education Sanchanalaya, Govt. Science College, Raipur, District : Raipur, Chhattisgarh ... Respondent(s) For Petitioner : Ms. Tanusha Pathak, Advocate on behalf of Mr. Parag Kotecha, Advocate For State : Mr. Vivek S. Ojha, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board Digitally signed by AJINKYA PANSARE Date: 2026.05.12 13:48:50 +0530 2 11.5.2026 1) By way of this petition, petitioner has sought following reliefs:- I. direct the respondents to pay 100% salary to the petitioner of the post of Lecturer, by counting previous service, with all arrears and other consequential benefit from the date of appointment i.e. 22.2.2021. II. Any other relief which this Hon’ble Court deems fit and proper under the facts and circumstances of the case may also be passed in favour of the petitioner and the cost of the petition may be awarded in favour of the petitioner. 2) Learned counsel for the petitioner submits that initially petitioner was appointed to the post of Laboratory Technician vide order dated 1.2.2013. She further submits that pursuant to advertisement dated 9.3.2019 issued by Directorate of Public Instruction for appointment to the post of Lecturer, petitioner participated in the recruitment process after taking permission from the department. She contends that after being successful in the recruitment process, petitioner was appointed to the post of Lecturer vide order dated 22.2.2021. She further contends that the impugned advertisement erroneously applied the subsequent circular dated 28.7.2020, which introduced the stipend system granting only 70% of basic pay in the first year, 80% in the second year and 90% in the third year of service. She argues that said circular is not applicable to the petitioner, as the recruitment process had already commenced prior to its issuance. 3) On the other hand, learned State counsel would oppose. 4) Heard. 3 5) In the matter of Amrit Lal Sahu and Others Versus State of Chhattisgarh and Others passed in WPS No. 6436 of 2021, co- ordinate Bench while dealing with the issue at hand in paragraph 46 held as under :- 46. Accordingly, this Court holds that : i. The circular dated 28.7.2020 introducing the stipend system cannot be applied retrospectively to the petitioners whose recruitment commenced under advertisement dated 9.3.2019. ii. The Finance Direction dated 12.9.2023, to the extent that it denies arrears and restricts financial benefits prospectively, is arbitrary and violative of Article 14, and is accordingly quashed qua the petitioners. iii. The petitioners are entitled to full basic pay from the dates of their respective appointments, as per the prevailing rules and pay scales, along with arrears for the intervening period up to the date of the circular dated 12.9.2023, all consequential benefits. iv. The respondents are directed to re-fix the pay of the petitioners from the dates of their respective appointments, compute the arrears, and disburse the same. 6) In view of the aforesaid discussion, the circular dated 28.7.2020 and the Finance Direction dated 12.9.2023 cannot be retrospectively applied to the petitioner. Accordingly, this petition is disposed and petitioner is held entitled to full basic pay from the date of his appointment along with all consequential benefits, strictly in accordance with the regular pay-scale, without being subjected to the stipend system introduced by the circular dated 28.7.2020. Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a