1 CGHC010339602026 2026:CGHC:39862 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6713 of 2026 Dr. Ejen Toppo W/o Shri Anil Toppo, Aged About 60 Years Presently Working On The Post Of Assistant Professor (Home Science) At Government Rajmohni Devi Kanya Post Graduate College, Ambikapur, District Surguja Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Higher Education, Mahanadi Mantralaya, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh 2 - The Additional Secretary, Department Of Higher Education, Mahanadi Mantralaya, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh 3 - Principal Secretary, Department Of General Administration, Mahanadi Mantralaya, , Naya Raipur, District Raipur Chhattisgarh 4 - Principal Secretary, Department Of Finance , Mahanadi SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2026.09.15 18:01:54 +0530 2 Mantralaya, Naya Raipur, District Raipur Chhattisgarh 5 - Commissioner, Department Of Higher Education, Government Of Chhattisgarh Block 3, Indrawati Bhawan Naya Raipur, District Raipur Chhattisgarh 6 - Principal, Government Rajmohni Devi Kanya Post Graduate College, Ambikapur, District Surguja Chhattisgarh ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Himanshu Yadu, Advocate For Respondent(s) : Shri Hariom Rai, Panel Lawyer Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 11.09.2026 1. By the present writ petition, the petitioner has prayed for following relief:- “ I. The Hon'ble Court may kindly be pleased to direct the respondents to grant the benefits of senior grade pay scale and selection grade pay scale to the petitioner by counting her services from the date of her initial appointment dated 14.12.1987, and to re- fix her pay and release the arrears of the difference amount along with interest @ 12% per annum from the date it became due till the date of actual payment; 3 ii. To issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to consider and decide the representation of the petitioner dated 02.02.2026 (ANNEXURE P-5) for grant of senior grade pay scale and selection grade pay scale by counting her past services from the date of her initial appointment dated 14.12.1987, in accordance with law and in the light of the judgment of this Hon'ble Court dated 06.01.2023 in WPS No. 8375 of 2018 (Dr. Deepak Kumar Shukla & Ors. v. State of Chhattisgarh & Ors.), within a stipulated time frame as this Hon'ble Court may deem fit and proper; iii. To grant any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case, along with costs of the petition. 2. Learned counsel for petitioner submit that the petitioner was initially engaged as Assistant Professors on Emergency Basis in the year 1987. During the continuance of her emergency appointment she appeared in the examination conducted by the M.P. Public Service Commission, and upon being selected a fresh appointment order dated 13.11.1996 was issued in her favour, however, petitioner was not extended the benefit of prefixation of pay, senior grade-pay and selection grade pay, 4 counting her past services also. It is contention of counsel for the petitioner that similarly placed petitioners have earlier filed writ petition being WPS No. 8375 of 2018 which was partly allowed and case of the petitioner is squarely covered with the said decision. He also contended that petitioner has submitted representation vide Annexure-P/5 which is also not considered and therefore, direction be issued to the respondent No. 5 to consider and take decision on the representation, at the earliest, within specified time frame. 3. Learned counsel for the State submits that in view of the limited prayer made by counsel for the Petitioner, he is having no objection. 4. Case of the petitioner is that, the petitioner was initially appointed as Assistant Professor on emergency basis. During the continuance of her emergency appointment she appeared and was selected vide fresh appointment order dated 13.11.1996. Similar petitioners have approached this Court in WPS No. 8375 of 2018 (Dr. Deepak Kumar Shukla & Others v. State of Chhattisgarh & Others) which was decided on 06.01.2023 and the coordinate Bench of this Court has allowed the petition in part in favour of the petitioner therein 5 with following observatiorı: "35. In view of the above discussion and considering the entire facts of the case, material on record, both writ petitions are allowed. The impugned order dated 27.11.2018 (Annexure P/36) and denial of selection grade by the respondents are set aside. The respondents are directed to examine the case of the individual petitioners after adding their past service appointed on emergency basis for grant of selection grade and if the petitioners fulfill all the requisite conditions which are required for grant of selection grade as per the policy/circular issued by the State Government as well as University Grants Commission from time to time within four months from the date of receipt of copy of this order. It is made clear that adding of past services shall be considered for grant of selection grade and pension only. It will not be counted for grant of seniority. 36. It is made clear that this Court has not expressed anything on the merit of any individual 6 petitioners regarding their entitlement to get selection grade. This Court has only examined whether the past services of the petitioners on emergency basis is required to be added or not for grant of selection grade. 37. It is further directed that after adding the past service, if the petitioners are found eligible for grant of selection grade, the difference of arrears be paid to them within further period of two months from the date of taking final decision over grant of selection grade." 5. Petitioner had already submitted representation before respondent No. 5 which till date is pending consideration and therefore, at this stage, instead of keeping this writ petition pending, seeking reply from the respondents, I find it appropriate to dispose this writ petition at this stage, permitting the petitioner to submit fresh comprehensive representation along with all supporting documents, and in the event, such a representation is submitted, the concerned authority shall consider and take decision on the representation to be submitted by the petitioner, keeping in 7 mind the decision in case of Dr. Deepak Kumar Shukla (supra) and with due verification of relevant material, in accordance with law, expeditiously preferably within a further period of two months from the date of receipt of the representation. 6. Accordingly, this writ petition is disposed of with the aforesaid observation and direction. Sd/- (Bibhu Datta Guru) JUDGE Shoaib