1 CGHC010011792017 2026:CGHC:38979 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6105 of 2017 1 - Sunil Kumar Sukhatme (Died) Through Lrs - (1) Kalpana Sukhatme W/o Late Shri Sunil Kumar Sukhatme Aged About 64 Years R/o House No. 16- Kadambari Nagar, Dhamdha Road, Durg, Tahsil And District Durg, Chhattisgarh. 2 - Vinayak Sukhatme S/o Late Shri Sunil Kumar Sukhatme Aged About 36 Years R/o House No. 16- Kadambari Nagar, Dhamdha Road, Durg, Tahsil And District Durg, Chhattisgarh. 3 - Ku. Vaishnavi Sukhatme D/o Late Shri Sunil Kumar Sukhatme Aged About 29 Years R/o House No. 16- Kadambari Nagar, Dhamdha Road, Durg, Tahsil And District Durg, Chhattisgarh. ... Petitioners versus 1 - State Of Chhattisgarh Through Secretary, Department Of Higher Education, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur Chhattisgarh., Chhattisgarh 2 - Commissioner, Directorate, Higher Education, Government Science College Compus, Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondents For Petitioners : Mr. Shashi Kushwaha, Advocate along with Mr. G.P. Mathur, Advocate For State : Mr. Amandeep Singh, PL Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 03.09.2026 1. The petitioners have filed this petition seeking following relief(s):- “(i) That, this Hon'ble Court may kindly be pleased to direct the respondents to correct the pay scale of Tabla Vadak as 5000-150-8000/- in Annexure P-1 and direction may be issued to grant time bound pay scale accordingly, in the interest of justice. (ii) Any other relief which may be suitable in the facts -2- and circumstances of the case, may also be granted.” 2. Mr. Kushwaha, learned counsel appearing for the petitioners would submit that during the pendency of this petition, the original petitioner-Government servant, namely, Sunil Kumar Sukhatme, died and his legal representatives have been brought on record. Mr. Kushwaha, learned counsel would further submit that the deceased Government servant was appointed to the post of Tabla Vadak under the respondents on 12.02.1985 and subsequently, was granted the pay scale of Rs.740-1180. He would further contend that pursuant to the recommendation of the Fifth Pay Commission, the pay scale of the deceased Government servant was fixed at Rs.5000-150-8000 vide order dated 12.08.2002. He would submit that though the deceased Government servant completed 20 years of service, he was not extended the benefit of the time-bound pay scale pursuant to the Circular dated 04.08.2010. It is argued that vide order dated 18.11.2005, the pay scale of the deceased Government servant was fixed at Rs.5500- 175-9000, but said benefit was not extended. He would submit that the petitioners, being legal heirs of the deceased Government servant, may be permitted to make a detailed representation before respondent No.2 and, in turn, said authority may be directed to decide the same expeditiously strictly in accordance with law. 3. On the other hand, Mr. Singh, learned Panel Lawyer appearing for the State would oppose the submissions made by Mr. Kushwaha. He would submit that the benefit of the time-bound pay scale was 3 extended to the deceased Government servant vide order dated 01.12.2006. With regard to the anomaly in the pay scale of the deceased Government servant, he would submit that the representation of the petitioners, who are the legal representatives of the deceased Government servant, would be considered and decided by the authority concerned strictly in accordance with law. 4. Heard the learned counsel appearing for the parties and perused the documents placed on record. 5. Having considered the fact that there was an anomaly in the pay scale of the deceased Government servant, who was working on the post of Tabla Vadak, and his salary was not revised in accordance with the recommendation of the Fifth Pay Commission, without making any observation on the merits of the case, this petition is disposed of reserving liberty in favour of the petitioners to make a representation before respondent No.2 within a period of 30 days and in turn, the authority concerned is directed to consider and decide the same expeditiously, strictly in accordance with law, preferably within a period of 90 days. 6. With the aforesaid observation(s)/direction(s), the present petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Rekha