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2026 DAILYLAW 38732 (CHH)

DEVLAL CHELAK v. STATE OF CHHATTISGARH

WPS/7242/2026 · 2026-10-04

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010387692026 2026:CGHC:42934 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7242 of 2026 1 - Devlal Chelak S/o Derharam Chelak Aged About 35 Years Working As Pharmacist (Ayurved), Govt. Ayurved Dispensary, Rawan, District- Balodabazar-Bhatapara (C.G.) 2 - Pramod Kumar Dewangan S/o Shri Puran Lal Dewangan Aged About 54 Years Working As Pharmacist (Ayurved), Govt. Ayurved Dispensary, Damakheda, District- Balodabazar-Bhatapara (C.G.) 3 - Sunil Kumar Gayakwad S/o Paras Das Gayakwad Aged About 34 Years Working As Pharmacist (Ayurved), Government Ayurved Dispensary, Borgaon, District- Kondagaon (C.G.) 4 - Mahesh Kumar Sahu S/o Kamal Ram Sahu Aged About 34 Years Working As Pharmacist (Ayurved), Government Ayurved Dispensary, Shamur, District- Kondagaon (C.G.) 5 - Manoj Kumar Pradhan S/o Shri Itwaru Ram Pradhan Aged About 47 Years Working As Pharmacist (Ayurved), Government Ayurved Dispensary, Randhana, District- Kondagaon (C.G.) ... Petitioner(s) versus SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2026.10.06 10:37:24 +0530 2 1 - State Of Chhattisgarh Through The Secretary, Health And Family Welfare Department, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District- Raipur (C.G.) 2 - The Director, Ayurved, Yog And Natural Medicine Unani Siddha And Homeopathy (Ayush), Indravati Bhawan, Atal Nagar, Naya Raipur, District- Raipur (C.G.) 3 - The Divisional Joint Director, Treasury, Account And Pension, Raipur, District- Raipur (C.G.) 4 - The District Ayush Officer, Balodabazar, District- Balodabazar- Bhatapara (C.G.) 5 - The District Ayush Officer, Kondagaon, District- Kondagaon (C.G.) 6 - The Joint Secretary, Finance Department, Government Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District- Raipur (C.G.) 7 - The Secretary, Government Of Chhattisgarh, Department Of Labour, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District- Raipur (C.G.) 8 - The Divisional Joint Director, Treasury, Account And Pension, Jagdalpur, District- Bastar (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Petitioners : Mr. K. S. Pradhan, Advocate For Respondents/ State : Mr. Soumitra Kesharwani, Panel Lawyer Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 3 05.10.2026 1. The present writ petition has been filed by the petitioner seeking a direction towards the respondent authorities to extend the benefits of amended/ upgraded pay scale of Rs. 5200-20200+ Grade Pay 2400/- with effect from the date of their appointment, with arrears alongwith the interest. 2. At the very outset, learned counsel appearing for the parties would jointly submit that the issue involved in this writ petition has already been considered and decided by this Court vide order dated 31.08.2026 passed in WPS No.3775 of 2026 (Harbansh Lal Kurrey & Ors. vs. State of Chhattisgarh & Others) and other connected matter, wherein this Court held as under:- “14. Having regard to the facts and circumstances of the case, the material placed on record, the Government order dated 22.07.2011; the legal principles laid down by the Supreme Court Jagjit Singh (supra); and the decision rendered by this Court in WPS No.3453 of 2013 decided on 02.08.2024 & other connected matters and also particularly considering the fact that in compliance of the aforesaid order passed by this Court, by order dated 10.06.2025 (Annexure P- 9) the Respondent authorities have extended the benefit of pay-scale of Rs.5200-20200+G.P. 2400 w.e.f. 01.04.2006 in respect of the Pharmacist Grade-II working in the department of Labour, this Court is of the considered view that the petitioners are also entitled to the Grade Pay of Rs.2400 in the pay scale of Rs.5200-20200 from 01.04.2006. 4 15. Consequently, all the writ petitions are allowed. The impugned orders dated 11.09.2025 and 27.02.2026, whereby the claim of the petitioners for grant of the aforesaid benefit from 01.04.2006 has been rejected, are hereby set aside. 16. The respondents are directed to extend the benefit of revised pay scale to the petitioners i.e. Rs.5200-20200 with Grade Pay of Rs.2400 with effect from 01.04.2006 instead of 01.01.2016, with all consequential benefits, including consequential pay fixation and revision of other service benefits, in accordance with law. 17. The aforesaid exercise shall be completed by the respondents within a period of four months from the date of receipt/production of a copy of this order.” 3. In view of the above and having considered the submissions made by learned counsel for the parties and having gone through the materials available on record, it is evident that the facts and issue involved in this petition is identical to WPS No. 3775 of 2026 and other connected matter, this Court deems it appropriate not to take a view other than what has been taken in the aforesaid writ petition. 4. Accordingly, the present petition is allowed in terms of the order dated 31.08.2026 passed in WPS No. 3775 of 2026 and other connected matter. Sd/- (Bibhu Datta Guru) JUDGE $. Bhilwar