1 CGHC010126852022 2026:CGHC:34217 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2745 of 2022 1 - Ramesh Kumar Singh S/o Late Shri Y.N. Singh Aged About 65 Years R/o B-53, Phase -1, Vijayapuram Colony, Seepat Road, Chatidih, P.S. Sarkanda, Bilaspur Chhattisgarh. 2 - Jagdish Prasad Yadav S/o Shri R.R. Yadav Aged About 65 Years Retired Assistant Milk Commissioner, R/o B-52, Phase-1, Vijayapuram Colony, Seepat Road, Chatidih, Ps Sarkanda, Bilaspur Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - Secretary, Department Of Pashudhan Vikash, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, Raipur Chhattisgarh. 2 - The Director, Directorate Of Pashudhan Vikash Vibhag, Ground Floor, Block-3, Indravati Bhawan, Nava Raipur, Atal Nagar, Raipur Chhattisgarh. ... Respondent(s) For Petitioner/s : Shri Neeraj Choubey, Advocate. For Respondents/State : Shri Arpit Agrawal, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 05/08/2026 1. The petitioners have filed this petition seeking the following relief(s):- “1. That, the Hon'ble Court may kindly be pleased to issue the appropriate writs/orders/directions against the respondents and quash, sat-aside the impugned NIRMALA RAO 2 letter/order dated 31.03.2022 (ANNEXURE-P/1), issued by the respondent no.2 by declaring the same is bad in the yeas of law and the petitioners are entitled for time pay scale from its due date. 2. That, the Hon'ble Court may be pleased to issue a writ in the nature of mandamus, commanding the respondent's authority to immediately released the time pay scale of Rs. 15600-39100 + 7600 to the petitioners from its due date when the petitioner completing the requisite service criteria along with all the consequential services benefits including the interest on delay payment @ 18 P.M. 3. The Hon'ble court may be pleased to issue writ/writs/order/orders / direction/directions/ relief/relief's, which this Hon'ble Court may think fit and proper in the facts and circumstances of the case.” 4. The facts, in brief, are that the petitioners worked on the substantive posts of Deputy Milk Commissioner and Assistant Milk Commissioner under the respondents. They were appointed sometime in the year 1978. Petitioner No.1 – Ramesh Kumar Singh has already got retired on 31.1.2019. The Finance Department of the State issued a circular dated 28.4.2008 extending benefit of time pay-scale to its employees. The said benefit was extended to the employees of the diary cadre vide order dated 28.5.2016. The State Government thereafter took a decision vide circular dated 8.8.2018 to extend the benefit of the 2nd and 3rd time pay-scale to its employees upon completion of 20-30 years of service, respectively. A subsequent circular dated 25.1.2021 clarified that a government servant who have completed 30 years of service on or before 1.1.2016 would be entitled to the 3rd time pay- scale. Petitioner No.1 completed 30 years of service on 1.10.2008 3 whereas, petitioner No.2 completed 30 years of service on 18.7.2018. It is also pleaded that petitioner No.1 was granted the 2nd time pay- scale on 1.4.2006 and therefore, he became eligible for the 3rd time pay-scale on 1.1.2016. Similarly, petitioner No.2 was granted the 2nd time pay-scale on 18.7.2010 and he became eligible for the 3rd time pay-scale on 18.7.2018. It is also stated that the High Court of Madhya Pradesh in W.A. No.539 of 2016, directed the State authorities to extend such benefits. 5. Learned counsel appearing for the petitioners would submit that respondent No.2 rejected the claim of the petitioners with regard to 3rd time pay-scale vide order dated 31.3.2022. He would submit that according to the circulars issued by the State Government from time to time, the petitioners are entitled for the said benefit. He would pray to allow this petition. 6. On the other hand, learned counsel for the State would oppose the submissions made by counsel for the petitioners. He would submit that the petitioners are not entitled to the 3rd time pay-scale. According to him, government servants who completed 30 years of service on or before 1.1.2016 would be entitled to the said benefit only in accordance with the applicable policy. It is also argued that the petitioners had earlier filed WPS No.4925 of 2021 claiming the said benefit and pursuant to said order, matter was examined by a Committee. He would submit that the petitioners’ claim was rejected vide order dated 14.2.2023 and the said order has not been challenged. He would submit that this petition deserves to be dismissed. 4 7. I have heard learned counsel for the parties and perused the documents present on record. 8. According to the circular dated 25.1.2021, the government servants who have completed 30 years of service on or before 1.1.2016 shall be entitled to the benefit of the 3rd time pay-scale. Petitioner No.1 got retired prior to issuance of the said circular, therefore, has no legal right to claim the benefit thereunder. Petitioner No.2 completed 30 years of service on 18.7.2018 and may otherwise be eligible for the said benefit. However, his claim was examined by the Committee and was rejected vide order dated 14.2.2023, which has been placed as Annexure-R/1 alongwith the return. The return was filed way-back on 24.2.2024 but the petitioners have not challenged the order dated 14.2.2023. 9. As the claim of the petitioners has already been rejected and the said order has not been challenged, therefore, no case is made out for interference in the matter. 10. Accordingly, this writ petition fails and is hereby dismissed. Sd/- (Rakesh Mohan Pandey) Judge Nimmi