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2026 DAILYLAW 38947 (CHH)

UPKAR SINGH BHATIYA v. STATE OF CHHATTISGARH

WPS/5382/2026 · 2026-10-07

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010268472026 2026:CGHC:43651 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5382 of 2026 1 - Upkar Singh Bhatiya S/o Late Jaswant Singh Bhatiya Aged About 67 Years R/o Ward No. 10, Shantipara, Near Bus Stand Bhilai, P.S. Old Bhilai, District Durg Chhattisgarh 2 - Rajesh Kumar Dubey S/o Shri Manharan Lal Dubey Aged About 62 Years R/o Qtr. No. 25/28, Dubey Line Bramhanpara, Near Bal Samaj Library Raipur, District Raipur Chhattisgarh 3 - Mahendra Singh Parmar S/o Shri Bhusan Singh Parmar Aged About 66 Years R/o Sai Mandir Gali, Bramhanpara Raipur, District Raipur Chhattisgarh 4 - Purshottam Chandrakar S/o Shri Tikaram Chandrakar Aged About 64 Years R/o Village Baherabuda, P.O. Ghutkunawapara, Tahsil And District Gariyaband Chhattisgarh 5 - Surekha Verma W/o Shri Mahendra Verma Aged About 72 Years R/o Qtr No. 65/1500 Hanuman Nagar, In Front Of Tulsi Sadan, Raipur, District Raipur Chhattisgarh 6 - Pranav Kumar Diwan S/o Late Balramdhar Tiwan Aged About 65 Years R/o Qtr. No. H I G/81, Sector-4, Dindayal Upadyat Nagar, Near Passport Office Raipur, District Raipur Chhattisgarh RAHUL JHA Digitally signed by RAHUL JHA Date: 2026.10.09 10:54:51 +0530 2 7 - Jagat Bahadur Singh Chauhan S/o Late Shri Vidyanath Singh Chauhan Aged About 65 Years R/o Village Kukudighar, P.S. Sidhi, District Sidhi M.P. 8 - Yogendra Kumar Soni S/o Late Dina Lal Soni Aged About 67 Years R/o Anandvihar Colony, Poliakala Road, P.S. Padmnabhpur, Tahsil And District Durg Chhattisgarh 9 - Mohan Lal Dhankar S/o Anujram Dhankar Aged About 68 Years R/o Shriram Nagar, Near Shitla Mandir Talab New Changorabhatha, P.S. - D.D. Nagar Raipur, District Raipur Chhattisgarh 10 - Rajkumar Shivhare S/o Late Babulal Shivhare Aged About 65 Years R/o Ward No. 27 Lohara Nama, Thana Kawardha, District Kabirdham Chhattisgarh 11 - Shadanand Sharma S/o Late Shri Lalmani Sharma Aged About 72 Years R/o Lalbagh, S.B.I. Colony, Thana, Tahsil And District Bastar At Jagdalpur Chhattisgarh 12 - Vinod Kumar Pal S/o Nem Singh Pal Aged About 70 Years R/o Ward No. 16 Danteshwari Ward, Palipara, Thana Kawardha, District Kabirdham Chhattisgarh 13 - Sabhajeet Upadhyay S/o Shri Suryabali Upadhyay Aged About 67 Years R/o Village Jorai Bhadohi, District Bhadohi U.P. 14 - Anil Kumar Sharma S/o Late Gajadhar Prasad Sharma Aged About 70 Years R/o H S C L 06-A, Street 33, Sector-7, Bhilai Nagar, P.S. Bhilai Nagar, District Durg Chhattisgarh 15 - Mukesh Kumar Sharma S/o Ram Sahay Sharma Aged About 68 Years R/o Qtr. No. B-13, Ward No. 52, Near R K Gym Borsi, Anand Vihar Phase- Iii, P.S. Padmnabhpur, District Durg Chhattisgarh 3 16 - Sewak Ram Sahu S/o Sarju Ram Sahu Aged About 64 Years R/o Ward No. 14, Budhwari Para, Dongargarh, P.S. Dongargarh, District Rajnandgaon Chhattisgarh 17 - Balram Singh Rajput S/o Late Asharam Rajput Aged About 68 Years R/o H. No. J-1, Ward No. 56, Baghera, P.S. Pulgaon, District Durg Chhattisgarh 18 - Abdul Majid Khan S/o Hamidulla Aged About 62 Years R/o Village Maudaha, Post Ragaul, Near Pani Tanki Upraos, District Hamirpur U.P. 19 - Alakh Ram Sahu S/o Late Bisauha Sahu Aged About 66 Years R/o Ward No. 54, Potiakala, P.S. Pulgaon, District Durg Chhattisgarh 20 - Ullas Kumar S/o Bhoreshwar Raw Aged About 69 Years R/o Housing Board Colony, M I G - Ii, 193, Near Sanskritik Bhawan Borshi, P.S. Padmnabhpur, District Durg Chhattisgarh 21 - Ramakant Tiwari S/o Late Premram Tiwari Aged About 73 Years R/o S T R 1/9, Padmnabhpur, P.S. Padmnabhpur, District Durg Chhattisgarh 22 - Hemant Kumar Sharma S/o Jhabbulal Sharma Aged About 70 Years R/o J- 60, Near Bharatmata School, Tatibandh, District Raipur Chhattisgarh 23 - Sheikh Abdul Rajjak S/o Abdul Gaffar Aged About 70 Years R/o Qtr. No. 24/745, Arjun Chowk, Near Dhobighat, P.S. Raipur, District Raipur Chhattisgarh 24 - Lomas Kumar Madariya S/o Tal Singh Madariya Aged About 66 Years R/o H. No. 9, Sector-I, Hosing Board Colony Sardhu, District Raipur Chhattisgarh 25 - Abdul Khalil S/o Abdul Gani Aged About 70 Years R/o Ward No. 19, 4 Bhagat Singh Chowk, Beside Of House Of Munnu Baba, Dongargarh, P.S. Dongargarh, District Rajnandgaon Chhattisgarh 26 - Kamlesh Kumar Dixhit S/o Rajmani Dixhit Aged About 67 Years R/o H No. 91, Ward No. 4, Mittitel Tanki Gali, Raiur Road Sarangarh, District Sarangarh-Bilaigarh Chhattisgarh 27 - Jabir Mohammad Khan S/o Late Sabbir Khan Aged About 71 Years R/o Ward No. 15, Nagar Parishad Semariya, Tahsil And P.S. Semariya, Distrcit Riwa M.P. 28 - Shankar Patil S/o Late Damdu Ji Patil Aged About 66 Years R/o A/26, Sector-2, Ekta Nagar, P.S. Gudhiyari, District Raipur Chhattisgarh 29 - Shiv Ballabh Sharma S/o Brajkishore Sharma Aged About 72 Years R/o L I G-79, Hosing Board Colony Mungi, Chandkhuri, District Raipur Chhattisgarh 30 - Bhagwan Das Sahu S/o Ramnath Sahu Aged About 63 Years R/o Village And Post Biroda, Sahupara, Tahsil Dhamdha, District Durg Chhattisgarh 31 - Gend Singh Rajput S/o Shri Mitthu Singh Rajput Aged About 62 Years R/o Village Charbhatha, P.O. Kodwa, Tahsil And District Mungeli Chhattisgarh 32 - Ravindra Kumar Tiwari S/o Keju Prasad Tiwari Aged About 68 Years R/o Village Sorla, P.O. Kusmi, Tahsil Berla, District Bemetara Chhattisgarh 33 - Kuleshwar Prasad Dewangan S/o Late Ramratan Dewangan Aged About 70 Years R/o Laxmi Nagar Prince Colony, Santoshi Nagar, Back Side Of Golden Marble, Raipur, District Raipur Chhattisgarh 34 - Ramashankar Soni S/o Late Manbodhi Soni Aged About 68 Years R/o Ward No. 10, Near Roshan Das Vaishnav House, Raja Colony, Lormi, District Mungeli Chhattisgarh 5 35 - Anil Kumar Sinha S/o Rajkishor Sinha Aged About 70 Years R/o Village And Post Gamhariya, P.S. Tahsil And District Jashpur Nagar Chhattisgarh 36 - Ramkumar Tiwari S/o Late Ramashre Tiwari Aged About 66 Years R/o E- 10 Yadunandan Nagar, Tifra, P.S. Sirgitti, District Bilaspur Chhattisgarh 37 - Dileshwar Singh S/o Late Shiv Singh Aged About 71 Years R/o Panjri Plant, Ward No. 28, P.S. Panjri Plat, Raigarh, District Raigarh Chhattisgarh 38 - Jagdish Prasad Sahu S/o Gurudyal Sahu Aged About 65 Years R/o Qtr. No. 218, Ramriddhi Vihar Colony, Sendri, P.S. Koni, District Bilaspur Chhattisgarh 39 - Narendra Kumar Shukla S/o Late Keshav Prasad Shukla Aged About 72 Years R/o Village Farhada, Post Office Gataura, P.S. Sipat, District Bilaspur Chhattisgarh 40 - Chandu Lal Yadav S/o Late Bhagirathi Yadav Aged About 71 Years R/o Village Farhada, Post Office Gataura, P.S. Sipat, District Bilaspur Chhattisgarh 41 - Vijay Kumar Pandey S/o Manharan Lal Pandey Aged About 62 Years (Wrongly Mention In Some Service Record Manohar Lal Instead Of Manharan Lal) R/o Village Bannari, P.S. And Tahsil Janjgir, District Janjgir Champa Chhattisgarh 42 - Iliyazar Minz S/o Jayman Minj Aged About 72 Years R/o Housing Board Colony, Qtr. No. 41-A, Chakradhar Nagar, P.S. Chakradhar Nagar Raigarh, District Raigarh Chhattisgarh 43 - Paharu Ram Sahu S/o Lakhan Lal Sahu Aged About 65 Years Village Bannari, P.S. And Tahsil Janjgir, District Janjgir Champa Chhattisgarh 44 - Siyaram Sahu S/o Mahettar Ram Sahu Aged About 68 Years R/o Village 6 Birkona, P.S. Koni, District Bilaspur Chhattisgarh 45 - Balram Yadav S/o Late Shiv Prasad Yadav Aged About 69 Years Ward No. 12, Purani Basti, Ranipara, P.S. Janjgir, District Janjgir-Champa Chhattisgarh 46 - Umashankar Tiwari S/o Late Sushil Chandra Tiwari Aged About 63 Years R/o Kapil Nagar Sarkanda, P.S. Sarkanda, Bilaspur, District Bilaspur Chhattisgarh 47 - Aishwary Kumar Sharma S/o Late Ramsewak Sharma Aged About 70 Years R/o Nand Niwas, Vivekanand Ward, P.S. City Kotwali, Mungeli, District Mungeli Chhattisgarh 48 - Chandraprakash Sahu S/o Kripashankar Sahu Aged About 63 Years R/o In Front Of Dubey Bada, Nagdaune Colony, Vyapar Vihar Road Talapara, P.S. Civil Lines Bilaspur, District Bilaspur Chhattisgarh 49 - Rajendra Prasad Sharma S/o Shri L L Sharma Aged About 66 Years R/o Ward No. 8, Street No. 9, Ji Shyam Nagar, Kawardha, District Kabirdham Chhattisgarh 50 - Narendra Singh Parmar S/o Late Govind Singh Parmar Aged About 67 Years R/o Bramhan Para, Azad Chowk, Sai Mandir Gali, Karabada, P.S. Azad Chowk Raipur, District Raipur Chhattisgarh 51 - Dinesh Sharma S/o Late Mahesh Datt Sharma Aged About 66 Years R/o Qtr. No. 135, Opposite S.P. Office, Panchshil Nagar Balodabazar, District Balodabazar-Bhathapara Chhattisgarh 52 - Ajay Trivedi S/o Prabhudayal Trivedi Aged About 65 Years R/o Qtr. No. 97 Ka, Vaishnav Colony Balodabazar, District Balodabazar-Bhathapara Chhattisgarh 7 53 - Sharad Shukla S/o Rameshwar Dayal Aged About 69 Years R/o Qtr. No. 82, Krishna Vihar Colony, Balodabazar, District Balodabazar-Bhathapara Chhattisgarh 54 - Kaushal Kumar Jaiswal S/o Late Chhattar Singh Jaiswal Aged About 64 Years R/o Ward No. 7, Rajiv Gandhi Ward, Indra Colony Balodabazar, District Balodabazar-Bhathapara Chhattisgarh 55 - Indrajeet Singh S/o Sanktha Prasad Singh Aged About 62 Years R/o Qtr. No. 246, Behind Pital Karkhana, Ward No. 7, Balodabazar, District Balodabazar-Bhathapara Chhattisgarh 56 - Ramashankar Bajpayi S/o Narmada Prasad Bajpayi Aged About 69 Years R/o Ward No. 7, Shakti Para, Balodabazar, District Balodabazar-Bhathapara Chhattisgarh 57 - Chagan Lal Sahu S/o Kejuram Sahu Aged About 71 Years R/o Ward No. 4, Indra Colony, Baloda Bazar, District Balodabazar-Bhathapara Chhattisgarh 58 - Jagrup Singh S/o Shri M L Parihar Aged About 66 Years R/o Qtr. No. 10/492, Ward No. 10, Shashtri Chowk Shankar Nagar Durg, District Durg Chhattisgarh 59 - Vanshpati Prasad Mishra S/o Late Harsh Lal Mishra Aged About 65 Years R/o Village Shyam Colony, Chhuiha, Balodabazar, District Balodabazar- Bhathapara Chhattisgarh 60 - Kanhaiya Lal Sindhi S/o Thakur Das Sindhi (Kewlani) Aged About 63 Years R/o Ward No. 21, Behind Swasti Mandir, Balodabaar, P.S. And Tahsil - Balodabazar, District Balodabazar-Bhathapara Chhattisgarh 61 - Baljeet Sharma S/o Late Munshi Ram Sharma Aged About 65 Years R/o Kelo Vihar Colony, Side Of Shiv Mandir, Raigarh, District Raigarh 8 Chhattisgarh 62 - Ramkumar Shyamle S/o Parsuram Shyamle Aged About 63 Years R/o Village Lakhram, P.S. Ratanpur, District Bilaspur Chhattisgarh 63 - Vijay Upadhyay S/o Late Shri Nagita Prasad Aged About 71 Years R/o Ward No. 68, H No. 264, Near Shivam Vidhyapeeth, Parmeshwari Chowk Ganpati Nagar, New Changorabhatha, P.S. D D Nagar Raipur, District Raipur Chhattisgarh 64 - Omprakash Tamboli S/o Late G L Tamboli Aged About 65 Years R/o Near Durga Mandir, Baghel Dawakhana, Hanuman Nagar, Lakhe Nagar Raipur, District Raipur Chhattisgarh 65 - Mahaveer Karsh S/o Sonau Ram Karsh Aged About 66 Years R/o H No. 3- 3-68, Kasiram City, Telibandha, Ravigram Raipur, District Raipur Chhattisgarh 66 - Kushal Chawada S/o Narsi Jairam Chawada Aged About 65 Years R/o H No. 733, Bilaspur Road, Ganga Nagar Bhanpuri, Raipur, District Raipur Chhattisgarh 67 - Paramjeet Singh Gurudatta S/o Baldev Singh Gurudatta Aged About 67 Years R/o Boriyakhurd, Motinagar, Godawari Nagar, P.S. Tikrapara, Raipur, District Raipur Chhattisgarh 68 - Rajendra Prasad Sharma S/o Manrakhan Lal Sharma Aged About 68 Years R/o Ward No. 13, Sadar Road Simga, P.S. And Tahsil Simga, District Balodabazar-Bhatapara Chhattisgarh 69 - Umesh Kumar Sharma S/o Late Vishnu Prasad Sharma Aged About 66 Years R/o Behind Netaji Garden, Ward No. 15, Gudhiyari, P.S. Gudhiyari, District Raipur Chhattisgarh 9 70 - Yogesh Sengar S/o Late Hukum Singh Sengar Aged About 65 Years R/o New Karmchari Colony Mahananda Niwas, Kushalpur, P.S. Khushalpur, District Raipur Chhattisgarh 71 - Sanjay Singh Thakur S/o Damodar Singh Thakur Aged About 65 Years R/o Subhash Dhurpad Gali, Ramkund, Raipur, District Raipur Chhattisgarh 72 - Ramswaroop Verma S/o Late Bedram Verma Aged About 76 Years R/o Village And Post Rawabhatha, Birgaon, District Raipur Chhattisgarh 73 - Satrughan Prasad Thakur S/o Late Ramkrishna Thakur Aged About 67 Years R/o H. No. 52, New Janta Colony Tikrapara, P.S. Tikrapara, Raipur, District Raipur Chhattisgarh 74 - Ismail Khan S/o Mehrab Khan Aged About 68 Years R/o H No. 1052, Ward No. 34 Pathan Para, Thana Basantpur, District Rajnandgaon Chhattisgarh 75 - Arvind Kumar Gajbhiye S/o Late Santram Gajbhiye Aged About 63 Years R/o Way Of Canara Bank, Near Swati Kirana, Vikash Nagar Gudhiyari, P.S. Gudhiyari, District Raipur Chhattisgarh 76 - Suresh Kumar Mohre S/o Rambhau Mohre Aged About 70 Years R/o Vikash Vihar In Front Of Sumit Niwas, Raipur, District Raipur Chhattisgarh 77 - Hari Prapann Tripathi S/o Triveni Prasad Tripathi Aged About 70 Years R/o H No. 509/ka, Prem Nagar, Indirabhatha, Mowa, Vidhansabha Road, Raipur, District Raipur Chhattisgarh 78 - Narayan Singh Thakur S/o Bharat Singh Thakur Aged About 69 Years R/o Ward No. 7, Ahiwara, Post Nandani Nagar, P.S. Nandani Nagar, District Durg Chhattisgarh 10 79 - Shiv Kuamr Agrawal S/o Rambhajan Agrawal Aged About 63 Years R/o L I G 670, Housing Board Saddu, Raipur, District Raipur Chhattisgarh 80 - Ramakant Singh Thakur S/o Gambhir Singh Thakur Aged About 65 Years R/o Ward No. 22, Thethwar Para Dongargarh, P.S. And Tahsil Dongargarh, District Rajnandgaon Chhattisgarh 81 - Vijay Bada S/o Naiman Bada Aged About 64 Years R/o Mangla, Jhilmil, P.O. Ichkela, P.S. Yahsil And District Jashpur Nagar Chhattisgarh 82 - Harprasad Khairwar S/o Ghasiram Khairwar Aged About 72 Years R/o Village Chumkawa, P.O. Semartal, P.S. Koni, District Bilaspur Chhattisgarh 83 - Nandlal Singh S/o Late Ramchandra Singh Aged About 67 Years R/o H. No. 123, Ward No. 19, Thakurdev Ward, Jagriti Nagar Urkura, P.S. Khamtarai, Birgaon, Raipur, District Raipur Chhattisgarh 84 - Abbu Husain S/o Noor Husain Aged About 63 Years R/o Village Barela, Musalmanpara, P.S. Jarhagaon, District Mungeli Chhattisgarh 85 - Lakhan Singh Baish S/o Santosh Singh Baish Aged About 66 Years R/o In Front Of Naveen Market, G.E. Road Raipur, Phool Chowk Raipur, District Raipur Chhattisgarh 86 - Narendra Singh Baish S/o Top Singh Baish Aged About 64 Years R/o Qtr. No. Ch-485, Danchha Bhawan, Tatibandh Raipur, District Raipur Chhattisgarh 87 - Chaman Lal Yadav S/o Salikram Yadav Aged About 63 Years R/o Gopiyapara Purani Basti, Near Danteshwari Chowk, Raipur, District Raipur Chhattisgarh Petitioner(s) versus 11 1 - State Of Chhattisgarh Through The Secretary, Transport Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh 2 - Chhattisgarh Infrastructure Development Corporation Through Its Managing Director, Shastri Chowk Raipur, District - Raipur Chhattisgarh Present Address Second Floor, Chhattisgarh Rajya Kaushal Vikas Pradhikaran Bhawan, Old Police Headquarter Premises, Raipur, District Raipur Chhattisgarh 3 - State Of Chhattisgarh Through The Secretary, Finance Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District Raipur Chhattisgarh 4 - State Of Chhattisgarh Through The Secretary, Water Resources Department, Mantralaya Mahanadi Bhawan Raipur, District Raipur Chhattisgarh 5 - The Director Directorate Of Public Relation Chhattisgarh, Block-A, Ground Floor, Mahanadi Bhawan, Capital Complex, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh Respondent(s) (Cause-title taken from CIS) For Petitioner(s) : Mr. Bharat Rajput, Advocate For Resp/State : Mr. Aditya Tiwari, PL For Resp No.2 : Mr. Malay Shrivastava, Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 08/10/2026 1. By way of the present writ petition, the petitioners have prayed for a direction to the respondents to extend the benefit of revised pay scale for the 12 period from 01.01.2006 to 31.10.2011, along with consequential arrears. 2. Learned counsel for the petitioners submits that the petitioners were initially appointed under the Madhya Pradesh State Road Transport Corporation and, after abolition of the said Corporation, their services were handed over to the Chhattisgarh Infrastructure Development Corporation (CIDC) on Class-III and Class-IV posts. It is submitted that the petitioners have subsequently retired from service. Learned counsel for the petitioners further submits that vide order dated 02.03.2012, the benefit of revision of pay scale for the period from 01.01.2006 to 31.10.2011 was denied to the employees. The said order was challenged by similarly situated employees before this Court in WPS No.697/2013 and connected matters. This Court, vide order dated 11.07.2024, quashed the order dated 02.03.2012 and held that the petitioners therein would be entitled to the benefit of the 6th Pay Commission and other revisions of salary from 01.01.2006 to 31.10.2011 and further directed the State Authorities to calculate and pay the arrears, subject to verification. WPS No. 697. 3. Learned counsel would further submits that against the aforesaid order, the writ appeals preferred by the State as well as CIDC have already been dismissed. In particular, WA No.854/2024 was dismissed by the Division Bench vide judgment dated 15.01.2025, holding that the facts and issue involved therein were identical to those considered in WA No.622/2024, and accordingly the appeal was dismissed. 4. Learned counsel appearing for the State as well as respondent No.2 oppose the petition and submits that the present writ petition has been filed at a 13 belated stage and, therefore, the petitioners are not entitled to seek the relief at this stage. 5. I have heard learned counsel appearing for the parties and perused the material available on record. 6. So far as the objection regarding delay is concerned, this Court finds that the same does not merit acceptance in the facts of the present case. The petitioners are claiming the benefit of revision of pay scale and consequential arrears, which is a recurring monetary benefit. The grievance of the petitioners, therefore, cannot be treated as one arising only on the date when the original order was passed. Moreover, the claim of similarly situated employees for the very same period has already been considered and allowed by this Court in WPS No.697/2013 and connected matters. The said judgment has also been considered by the Division Bench in the connected writ appeals. 7. The controversy involved in the present petition is, therefore, squarely covered by the judgment dated 11.07.2024 passed in WPS No.697/2013 and connected matters. The Division Bench, while deciding WA No.854/2024, has also recorded that the facts and issue involved therein were identical to those in WA No.622/2024 and dismissed the appeal. 8. In view of the aforesaid, the present writ petition is disposed of with a direction to the competent respondent authority to consider the case of the petitioners for grant of the benefit of revised pay scale for the period from 01.01.2006 to 31.10.2011, in the light of the judgment dated 11.07.2024 passed in WPS No.697/2013 and connected matters. The aforesaid exercise shall be completed within a period of three months from the date of receipt of a copy of 14 this order. 9. With the aforesaid directions, the writ petition stands disposed of. Sd/- (BIBHU DATTA GURU) JUDGE Rahul