1 2026:CGHC:6354 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2352 of 2023 1 - Ajay Kumar Dewangan S/o Shri Ayodhya Prasad Dewangan Aged About 57 Years R/o Mourya Badi Ke Piche, Indravati Nagar, Bajarang Para, Kohka, Supela Bhilai, District : Durg, Chhattisgarh. 2 - Kamala Kant Swarnkar S/o Shri Khageshwar Prasad Swarnkar Aged About 62 Years R/o Mahamaya Road, Shankar Nagar, Kumhari, District : Durg, Chhattisgarh. ... Petitioners. versus 1 - State Of Chhattisgarh Through The Secretary, General Administration Department, Ministry, Mahanadi Bhavan, Atal Nagar, New Raipur, District : Raipur, Chhattisgarh. 2 - The Secretary Finance Department, Ministry, Mahanadi Bhavan, Atal Nagar, New Raipur, District : Raipur, Chhattisgarh. 3 - The Secretary Department Of Health And Family Welfare, Ministry, Mahanadi Bhavan, Atal Nagar, New Raipur, District : Raipur, Chhattisgarh. 4 - The Chief Medical And Health Officer Department Of Health And Family Welfare, Durg, District : Durg, Chhattisgarh AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.02.10 10:38:32 +0530 2 5 - The Chief Medical And Health Officer Department Of Health And Family Welfare, Rajnandgaon, District : Rajnandgaon, Chhattisgarh. ... Respondents. For Petitioners :Shri Alok Kumar Dewangan, Advocate. For State/ Respondents :Shri Hariom Rai, PL. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 04/02/2026 1. This Writ Petition has been filed against the order dated 13.10.2022 issued by the Under Secretary, Finance Department, Government of Chhattisgarh by which, representation of petitioners seeking amendment in calculation while granting 7th pay scale, pay band 5200-20200, level 7 grade pay 2800, initial pay fixed at 28,700, has been rejected. 2. The petitioner has prayed for the following reliefs:- 10.1 That, the Hon'ble Court may kindly be pleased to quash / set-aside the impugn the order Kramank 702/579/ Vi/ Ni/ Char/ 2022, New Raipur Atal Nagar, Dated 13/10/2022 issued by the Under Secretary, Finance Department, Government of Chhattisgarh in the interest of justice. 10.2 That, the Hon'ble Court may kindly be pleased to direct the respondent. authorities to amend the pay matrix in the Pay Band 5200-20200, Level No.7 Grade 3 Pay 2800, and fix Minimum at 28800 instead of 28700. 10.3 That, the Hon'ble Court may kindly be pleased to call for entire records from the office of the respondents in respect of petitioners claim & direct the Respondents to provide the cost of the petition and other expenses suffered by the petitioners. 10.4 That, any other writ, order, directions or relief which this Hon'ble Court may deem fit may kindly be passed in favour of the petitioners. 3. Necessary facts of the case are that petitioners are working in the department of Health and Family Welfare at District Durg within the State of Chhattisgarh and are in the pay band of 5200-20200 and getting grade pay 2800 in Level 7. Government of Chhattisgarh, Finance Department issued notification dated 19th May, 2017 made Chhattisgarh Revision of Pay Rules, 2017 which shall be deemed to have come into force on the 1st day of January, 2016 and the same is applicable to all government servants under the rule making control of the State Government. Fixation of pay in the revised pay structure is to be done in the manner that the pay in the applicable level in the pay matrix shall be the pay obtained by multiplying the existing basic pay by a factor of 2.57, rounded off to the nearest rupee and the figure so arrived at will be located in that level in the pay matrix and if such an identical figure corresponds to any cell in the applicable level of pay matrix, the same shall be the pay, and if no such cell is 4 available in the applicable level, the pay shall be fixed at the immediate next higher cell in that applicable level of the pay matrix. In the pay band 5200-20200, Level 7 Grade pay 2800, minimum is fixed at 28,700, whereas upon multiplication (Basic + Grade Pay) with 2.57 i.e. 8370+2800 = 11170 x 2.57 = 28707. Since 28707 is greater than 28700, therefore, the pay shall have to be fixed at the immediate next higher cell in that applicable level of the pay matrix which is 28800 but due to mistake in calculation, it has wrongly been fixed at 28700. Petitioner filed a representation for correction in calculation and proper fixation at minimum i.e. 28800 instead of 28700 which was neither considered nor decided by the respondent authorities. Thereafter, petitioners approached this Court by filing WPS No.5077 of 2020 seeking direction to respondent authorities for deciding the representation of the petitioners within stipulated time frame. This Court disposed of the said writ petition on 12.01.2021 upon considering the limited prayer of petitioners, directed the respondent authorities to consider the representation of the petitioners, on its own merits, in accordance with law by passing a speaking order at the earliest, preferably within a period of 120 days from the date of receipt of copy of this order and petitioners, if they so want, can also make a fresh representation supported with all relevant documents in respect of their claim to Respondent No.1 and 3. Thereafter, petitioners filed representation which was rejected. Hence this Petition. 5 4. Learned counsel for the petitioner submits that the impugned order is bad in law as the petitioners are suffering great financial loss and for the reason that in the pay band 5200-20200, Level 7 Grade pay 2800, minimum is fixed at 28,700, whereas upon multiplication (Basic + Grade Pay) with 2.57 i.e. 8370+2800 = 11170 x 2.57 = 28707. Since 28707 is greater than 28700, therefore, the pay shall have to be fixed at the immediate next higher cell in that applicable level of the pay matrix which is 28800 but due to mistake in calculation, it has wrongly been fixed at 28700. Hence, this Writ Petition may be allowed and the impugned order may be quashed/set aside. 5. On the other hand, leaned State counsel submits that fixation of pay band is squarely controlled and governed by the Rule 7 Chhattisgarh Revision of Pay Rules, 2017. Rule 7 (1) (i) of said rule reads as under:- “7. Fixation of pay in the revised pay structure.- 1) The initial pay of a Government servant who elects, or is deemed to have elected under sub-rule (3) of rule 6 to be governed by the revised pay structure on and from the 1st day of January, 2016, shall, unless in any case the State Government by special order otherwise directs, be fixed separately in respect of his substantive pay in the permanent post on which he holds a lien or would have held a lien if it had not been suspended, and in respect of his pay in the officiating 6 post held by him, in the following manner, namely:- (i) the pay in the applicable Level in the Pay Matrix shall be the pay obtained by multiplying the existing basic pay by a factor of 2.57, rounded off to the nearest rupee and the figure so arrived at will be located in that Level in the Pay Matrix and if such an identical figure corresponds to any Cell in the applicable Level of the Pay Matrix, the same shall be the pay, and if no such Cell is available in the applicable Level, the pay shall be fixed at the immediate next higher Cell in that applicable Level of the pay Matrix.” 6. Learned State counsel submits that from the aforesaid provision, it is very much apparent that the figure/pay band so arrived at will be located in that level in the pay matrix and if such an identical figure corresponds to any cell in the applicable level of the pay matrix, the same shall be pay and further if no such cell is available in the applicable level, the pay shall be fixed at the immediate next higher cell in that applicable level of the pay matrix. In the instant case, by applying the formula prescribed, the basic pay band came to be Rs.28,707/- but, in the pay matrix at 7th level, there is no identical figure of Rs.28,707/- and therefore, by applying the said provision, the basic pay band would be fixed at Rs.29600/- but no such pay band has ever been granted to anybody and instead, the pay band of Rs.28,700/- has been 7 granted, which is just and proper and in accordance with the provisions contained in Rule 7 (1) (i) of the Chhattisgarh Revision of Pay Rules, 2017. Therefore, this petition being devoid of merits is liable to be dismissed. 7. I have heard learned counsel for the parties and perused the material available with the petition. 8. From the bare perusal of the petition as well as of the reliefs claimed by the petitioner, it appears that, according to petitioner, upon calculation in pay band 5200-20200, Level 7 Grade pay 2800, the basic pay comes to Rs.28,707/-, however, as there is no identical figure to Rs.28,707/-, therefore, pay matrix to the tune of Rs.28,700/- has been fixed. The claim of the petitioner that the pay matrix calculated to the tune of Rs.28707/- is greater than the present pay matrix of Rs.28,700 and as such, he should be given immediate next higher cell in that applicable level of pay matrix which is Rs.29,600/- is not justified as the pay matrix of Rs.28700/- has been fixed in order to keep the pay matrix in round figures and only for a small difference of Rs.7/-, the next higher pay scale of Rs.29600/- cannot be given to the petitioner. Even the figures in respect of fixation of pay and calculation is just and proper and it does not violate the provisions contained under Rule 7 (1) (i) of Chhattisgarh Revision of Pay Rules, 2017. 9. In light of the aforesaid rules, this Court is of the opinion that there is no ambiguity in fixation of pay scale at Rs.28,700/- and the claim of the petitioner for grant of next higher basic pay to the tune 8 of Rs.29600/- cannot be accepted. Hence, the Writ Petition being devoid of merits deserves to be and is accordingly dismissed. Sd/- (Amitendra Kishore Prasad) Judge Avinash