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2026 DAILYLAW 32530 (CHH)

DEV PRASAD RATHORE v. STATE OF CHHATTISGARH

WPS/6305/2026 · 2026-08-23

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010328382026 2026:CGHC:37760 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6305 of 2026 1 - Dev Prasad Rathore S/o- Late Dev Dhari Rathore Aged About 73 Years Retired Sthal Sahayak Posted At Oce Of S.D.O. Jal Sanshadhan Sub Division Raigarh Water Resources Department District Raigarh (C.G.) R/o- Purani Basti Kabir Gali Kharsiya District Raigarh (C.G.) 2 - Himmat Lal Vaghela S/o- Late Hari Niwas Aged About 69 Years Retired Sthal Sahayak Posted At Oce Of S.D.O. Jal Sanshadhan Sub Division Raigarh Water Resources Department District Raigarh (C.G.), R/o- Ward No. 27 Aadarsh Nagar Chandra Nagar Near Pani Tanki Chooteatarmuda District Raigarh(C.G.) 3 - Jayant Kumar Sharma S/o- Late Panna Lal Sharma Aged About 62 Years Retired Sthal Sahayak Posted At Oce Of S.D.O. Kelo Suvekshan Project Sub Division No. 02 Raigarh Water Resources Department District Raigarh (C.G.), R/o- Kailsah Nagar Ward No. 17 Champa District Janjgir-Champa (C.G.) 4 - Ghanaram Rajwade S/o- Dhansay Rajwade Aged About 70 Years SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2026.08.24 17:03:42 +0530 2 Retired Sthal Sahayak Posted At Oce Of S.D.O. Jal Sanshadhan Survekshan And Barrage Construction Sub Division No. 05 Kharsiya Water Resources Department District Raigarh (C.G.), R/o- Village Katbitla H.N. 103/1 Post Oce Sarangbundiya District Korba (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Water Resources Mahanadi Bhawan, Mantralaya, New Raipur District - Raipur (C.G.) 2 - State Of Chhattisgarh Through Secretary, Department Of Finance Mahanadi Bhawan, Mantralaya, New Raipur District - Raipur (C.G.) 3 - State Of Chhattisgarh Through Secretary, General Administration Department Mahanadi Bhawan, Mantralaya, New Raipur District - Raipur (C.G.) 4 - Engineer In Chief Water Resources, Department, Neer Bhawan New Raipur, District - Raipur (C.G.) 5 - Chief Engineer Department Of Water Resources Hasdeo Kachhar Bilaspur District - Bilaspur (C.G.) 6 - Executive Engineer Jal Sanshadhan Division Raigarh Water Resources Department District Raigarh (C.G.) 3 7 - Executive Engineer Survekshan Division Kelo Project, Raigarh Water Resources Department District Raigarh (C.G.) 8 - Executive Engineer Jal Sanshadhan Survekshan And Barrage Construction Sub Division No. 01 Kharsiya Water Resources Department District Raigarh (C.G.) 9 - Joint Director Pension And Account Treasury Department Bilaspur Division, District Bilaspur (C.G.) ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri F.S. Khare, Advocate For Respondent(s) : Shri Shahil Singh, Panel Lawyer Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 24.08.2026 1. By the present writ petition, the petitioners have prayed for following relief:- “10.1 That this Hon'ble court may kindly be pleased to allow the writ petition and be pleased to direct the respondents to remove the anomaly accord in the service of petitioners. 10.2 That, the Hon'ble Court may kindly be pleased to direct the respondents to grant pay scale published in the Gazette dated 14.10.1982 and also direct to pay 4 the arrears to the petitioners from their initial date of appointment. 10.3 That, if the Hon'ble Court may deem (t and proper be pleased to dispose of this writ petition granting same relief of making fresh representation to the competent authority, which is granted in W.P.S. No. 4989/2026disposed of on 02.07.2026 (P/2). 10.4 That, this Hon'ble court may kindly be call for the records for its kind perusal which relates to petitioner's matter. 10.5 Any other relief, which this Hon'ble Court may deem (t and proper, may also be passed in favour of the petitioners.” 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) 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 Dle 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 5 the case of the petitioners for revision of his pay scale in accordance with the NotiDcation dated 14.10.1992 (which was modiDed 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 Dle a fresh representation, the State will consider their case in light of the notiDcation as mentioned herein above 4. In view of the above submissions made by the parties, this petition is disposed of. If the petitioners Dle a fresh representation before the competent authority, the same shall be considered and decided by the competent authority in light of the aforesaid notiDcation expeditiously preferably within a period of six months from the date of receipt/production of a certiDed copy of this order. 6 5. With the aforesaid observation, the writ petition is disposed of. Sd/- (Bibhu Datta Guru) JUDGE Shoaib