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2026 DAILYLAW 23534 (CHH)

BHARTENDU PANDEY v. STATE OF CHHATTISGARH

WPS/4732/2026 · 2026-06-24

Shri Bibhu Datta Guru

body2026

Judgment text

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1 2026:CGHC:26076 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4732 of 2026 1 - Bhartendu Pandey S/o Late Ramprasad Pandey Aged About 71 Years Retired Time Keeper R/o Village Munda, Tehsil Lawan, District - Balodabazar- Bhatapara (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Water Resource Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur, District- Raipur (C.G.) 2 - Engineer In Chief Water Resource Department, Sector- 19 Shivnath Bhawan, Nawa Raipur, District - Raipur (C.G.) 3 - Chief Engineer Mahanadi Godawari Kachhar, Water Resource Department, Raipur District- Raipur (C.G.) 4 - Executive Engineer Water Management, Division No. 2, Balodabazar, District - Balodabazar- Bhatapara (C.G.) 5 - Joint Director, Pension Evam Kosh Lekha, Raipur, District Raipur (C.G.) ... Respondents For Petitioner : Mr. Hemant Kesharwani, Advocate. For Respondents/State : Ms. Poorva Tiwari, Panel Lawyer. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 25/06/2026 1. By the present writ petition, the petitioner has prayed for AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2026.06.29 10:27:17 +0530 2 following relief:- “10.1 That, this Hon'ble Court may kindly be pleased to call for all the records pertaining to the case. 10.2 That, this Hon'ble Court may kindly be pleased to writ/order/direction to the respondent authorities to grant the benefits of higher pay scale to the in service petitioners, revise the pension of the retired petitioners as per the Gazette Notification dated 14.10.1982. 10.3 That, this Hon'ble Court may kindly be pleased to issue writ/order/direction to the respondent authorities to pay arrears of salary and pension to the petitioners. 10.4 That, this Hon'ble Court may kindly be pleased to to issue writ/order/direction the respondent authorities to remove the anomaly occurred in the service of the petitioners. 10.5 That, this Hon'ble Court may kindly be pleased to issue writ/order/direction similar to the order passed on 18.07.2024 in WPS No. 6355/2014 and order dated 13.11.2024 passed in WPS No. 7312/2024 directing the respondent authorities to consider and decide the fresh representation in the light of the gazette notification dated 14.10.1982 expeditiously preferably within a period of six months from the date of receipt/ production of a certified copy of this order. 10.6 That any other relief/order which may be deem fit and just in the facts and circumstances of the case may kindly be granted..” 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) 3 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. 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 4 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