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2026 DAILYLAW 26765 (CHH)

R.S. PATEL v. STATE OF CHHATTISGARH

WPS/4523/2026 · 2026-07-13

Shri Bibhu Datta Guru

body2026

Judgment text

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1 / 4 CGHC010223882026 2026:CGHC:29652 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4523 of 2026 R.S. Patel S/o Late Shri B.L. Patel Aged About 56 Years Presently Posted as Sub Inspector (M) 13th Battalion Chhattisgarh Armed Force (CAF) Camp Madwarani District Korba C.G. ... Petitioner versus 1 - State of Chhattisgarh Through- The Secretary Home Affairs Department Mahanadi Bhawan Atal Nagar Nava Raipur District Raipur C.G. 2 - The Secretary Finance Department Mahanadi Bhawan Atal Nagar Nava Raipur Distirct Raipur C.G. 3 - Director General of Police Police Headquarters, Atal Nagar Nava Raipur District Raipur C.G. 4 - Joint Director Treasury Accounts and Pension Divisional Office Bilaspur C.G. 5 - Commandant 13th Battalion Chhattisgarh, Armed Force (CAF) Camp Madwarani District Korba C.G. ... Respondents For Petitioner : Mr. Ajay Kumrani, Advocate For State : Mr. Luv Sharma, PL (Hon’ble Shri Justice Bibhu Datta Guru) Order on Board 14/07/2026 1. By way of the instant petition, the petitioner is seeking a direction towards the respondent authorities for issuance of a formal and specific ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2026.07.15 18:35:48 +0530 2 / 4 order granting/recognizing the benefit of Second Time Scale Pay/ Second Higher Pay Scale in favour of the petitioner with effect from 16/03/2020. 2. The brief facts of the case are that the petitioner was initially appointed as Assistant Sub Inspector (M) in the Police Department on 16.03.2000 and has been continuously serving the department. Upon completion of ten years of qualifying service, he was granted the benefit of First Time Scale Pay with effect from 16.03.2010 under the Finance Department Circular dated 28.04.2008. Subsequently, the respondents sought to withdraw the said benefit, whereupon the petitioner preferred W.P.(S) No.6637/2018. The said writ petition was disposed of along with connected matters by common judgment dated 29.08.2024, whereby the withdrawal orders were quashed and the respondents were directed to extend the benefit of Time Scale Pay in accordance with the Finance Department Circular dated 28.04.2008. The petitioner completed twenty years of qualifying service on 16.03.2020. Pursuant to the aforesaid judgment, the competent authority/Commandant passed an order dated 23.09.2024 granting the petitioner the benefit of Second Time Scale Pay and consequential pay fixation. According to the petitioner, though the monetary benefit has been extended and his pay has been fixed accordingly, no formal order has been issued by the Director General of Police recognizing and granting the benefit of Second Time Scale Pay. It is on account of such omission that the present writ petition has been filed seeking issuance of a formal order. 3. Learned counsel for the petitioner submits that the petitioner became 3 / 4 entitled to the benefit of Second Time Scale Pay on completion of twenty years of qualifying service with effect from 16.03.2020 in terms of the Finance Department Circular dated 28.04.2008. It is further submitted that despite implementation of the benefit of second time scale pay, no formal order recognizing the grant of said benefit has been issued by the Director General of Police, although similarly situated employees have been issued such formal orders. The petitioner, therefore, does not seek any fresh or additional financial benefit but only seeks issuance of an appropriate formal order in accordance with the order already passed by the Commandant so that the service records of the petitioner are duly regularized. 4. Learned counsel for the State, on instructions, would submit that the case of the petitioner will be considered and pass necessary orders in accordance with the extant rules. 5. Having heard learned counsel for the parties and upon perusal of the material available on record, this Court finds that the limited grievance of the petitioner is regarding non-issuance of a formal order by the Director General of Police in respect of the Second Time Scale Pay, though the petitioner relies upon the order dated 23.09.2024 passed by the Commandant granting him the said benefit. 6. From the record, particularly Annexure P/6, it is apparent that pursuant to the order dated 23.09.2024 passed by the Commandant, the petitioner is already receiving the benefit of Second Time Scale Pay/Higher Pay Scale in Pay Matrix Level-10 (corresponding to Grade Pay Rs.4,400/-) 4 / 4 with effect from 16.03.2020, and the consequential pay fixation has also been effected. Thus, the petitioner is not claiming any fresh monetary benefit under the present writ petition; rather, his limited grievance is that no formal order recognizing the grant of the said benefit has yet been issued by the Director General of Police. 7. Considering the aforesaid limited grievance, this Court deems it appropriate to dispose of the present writ petition with an observation that the Director General of Police, Chhattisgarh, shall verify the petitioner's entitlement in the light of the order dated 23.09.2024 passed by the Commandant and thereafter shall pass an appropriate formal order granting/recognizing the benefit of Second Time Scale Pay in accordance with law. The aforesaid exercise shall be completed within a period of 30 (thirty) days from the date of receipt of a certified copy of this order. 8. With the aforesaid observation and direction, the writ petition stands disposed of. SD/- SD/- (Bibhu Datta Guru) JUDGE ashu