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2026 DAILYLAW 40104 (CHH)

AMIT KUMAR BAJPAYEE v. STATE OF CHHATTISGARH

WPS/7496/2026 · 2026-10-12

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010397122026 2026:CGHC:44144 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7433 of 2026 1 - Chain Singh Paikra S/o Shri Firangiram Paikra, Aged About 58 Years Working As Pharmacist (Ayurved), Govt. Ayurved Dispensary, Jewrara, District-Bemetara (C.G.) 2 - Mansha Ram Paikra Son Of Late Shri Hiraram Paikra Aged About 53 Years Working As Pharmacist (Ayurved), Govt. Ayurved Dispensary, Dhadi, District Bemetara, (C.G.) 3 - Arvind Singh Thakur Son Of Late Shri Jhadu Ram Thakur, Aged About 55 Years Working As Pharmacist (Ayurved), Govt. Ayurved Dispensary, Belmand, District-Balod (C.G.) 4 - Kumar Singh Markam Son Of Late Shri Kejram Markam, Aged About 53 Years Working As Pharmacist (Ayurved), Govt. Ayurved Dispensary, Nariyara, District- Janjgir-Champa (C.G.) 5 - Gajendra Kumar Nirala Son Of Late Rohit Ram Nirala, Aged About 60 Years Working As Pharmacist (Ayurved), Govt. Ayurved Dispensary, Parsadih, District-Sarangarh-Bilaigarh (C.G.) 2 6 - Bharat Lal Bariha Son Of Shri Devnath Bariha, Aged About 51 Years Working As Pharmacist (Ayurved), Govt. Ayurved Madhopali, Dispensary, District Sarangarh-Bilaigarh (C.G.) 7 - Sita Ram Sandey Son Of Shri Ravi Lal Sandey, Aged About 59 Years Working As Pharmacist (Ayurved), Govt. Ayurved Dispensary, Aamay Khamariya (Chanpa), District-Balodabazar-Bhatapara (C.G.) 8 - Santosh Kumar Singh Kanwar Son Of Sadhram Singh Kanwar, Aged About 50 Years Working As Pharmacist (Ayurved), Primary Health Center, Tilkeja, District-Korba (C.G.) 9 - Sakharam Paikra Son Of Bhudhram Paikra, Aged About 51 Years Working As Pharmacist (Ayurved), Primary Health Center, Korkoma, District-Korba, (C.G.) 10 - Trinath Singh Netam Son Of Shri Rameshwar Singh Netam, Aged About 56 Years Working As (Ayurved) Pharmacist, Govt. Ayurved Hospital, Chutkel, Tahsil-Nagri District Dhamtari, (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Health And Family Welfare Department, Mahanadi Bhawan, Atal Nagar, Naya Raipur (C.G.) 2 - Director, Directorate Of Ayurveda, Yoga And Naturopathy, Unani, 3 Siddha And Homeopathy (Ayush), Indravati Bhawan, Atal Nagar, Naya Raipur District Raipur (C.G.) 3 - Divisional Joint Director, Treasury, Accounts Pension, Raipur, District Raipur (C.G.) 4 - Joint Secretary, Finance Department, Government Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Naya Raipur District Raipur (C.G.) 5 - Secretary, Government Of Chhattisgarh, Department Of Labour, Mahanadi Bhawan, Atal Nagar, Naya Raipur District Raipur (C.G.) 6 - District Ayush Officer, District-Bemetara (C.G.) 7 - District Ayush Officer, District-Balod (C.G.) 8 - District Ayush Officer, District Janjgir-Champa (C.G.) 9 - District Ayush Officer, District-Balodabazar-Bhatapara (C.G.) 10 - District Ayush Officer, District Sarangarh- Bilaigarh (C.G.) 11 - District Ayush Officer, District-Korba (C.G.) --- Respondent(s) WPS No. 7508 of 2026 4 1 - Bharat Lal Binjhwar S/o Bedram Binjhwar Aged About 63 Years Retired Pharmacist (Ayurved) R/o Khalhepara, Amali, Distt- Bilaspur (C.G.) 2 - Kanhaiya Lal Sahu S/o Johrik Ram Sahu Aged About 65 Years Retired Pharmacist (Ayurved) R/o Mandalpara, Sirri, Tahsil Magarlod Distt- Dhamtari (C.G.) 3 - Tikam Singh Sahu S/o Bahur Singh Sahu Aged About 64 Years Retired Pharmacist (Ayurved) R/o House No. 89, Borai Distt- Durg (C.G.) 4 - Shankar Lal Kanwar S/o Lakhan Lal Aged About 63 Years Retired Pharmacist (Ayurved) R/o Khisora Distt- Janjgir- Champa (C.G.) 5 - Ganesh Ram Jangde S/o Jivadhan Jangde Aged About 66 Years Retired Pharmacist (Ayurved) R/o House No. 89 Ward No 4, Rigni, Borda, Distt- Janjgir - Champa (C.G.) 6 - Jashwant Prasad Patre S/o Bhagwati Prasad Patre Aged About 64 Years Retired Pharmacist (Ayurved) R/o House No. 12, Satnami Para, Khairi, Distt- Bemetara (C.G.) 7 - Tirath Ram Sahu S/o Firtu Ram Sahu Aged About 67 Years Retired Pharmacist (Ayurved) R/o Ward No. 7, Mandalpara, Bhaismundi Tahsil Magrlod, Distt- Dhamtari (C.G.) 5 8 - Narayan Lal Dhruw S/o Birajhu Ram Dhruw Aged About 66 Years Retired Pharmacist (Ayurved) R/o Ward No. 10 Neempara, Ghonch Block Pithora, Distt- Mahasamund (C.G.) 9 - Atal Bihari Tiwari S/o Late Sundarlal Tiwari Aged About 66 Years Retired Pharmacist (Grade- Ii) R/o Ward No. 1 Main Road Pamgarh Distt- Janjgir - Champa (C.G.) 10 - Ramayan Prasad Kamalsen S/o Late Johtiram Aged About 69 Years Retired Pharmacist (Ayurved) R/o Village Bharavidhih Ward No. 15, Sarwan Deori, Sadak Para, Distt- Bilaspur (C.G.) 11 - Bhanwar Lal Sahu S/o Late Puranik Ram Sahu Aged About 67 Years Retired Pharmacist (Ayurved) R/ W Village Hasda Ward No. 2 Karga Distt- Dhamtari (C.G.) 12 - Onkar Bai W/o Late Rajendra Kumar Ratre Aged About 66 Years (Wife Of Dead Pharmacist Ayurved) R/o Village Thuha Tahsil Kurud Distt- Dhamtari (C.G.) 13 - Sarojni Paikra W/o Late Mulchand Paikra Aged About 35 Years (Wife Of Dead Pharmacist (Ayurved) R/o House No. 72, Majhapara Sonbachar Distt- Bilaspur (C.G.) 14 - Khumeshwari W/o Late Punarad Singh Diwan Aged About 52 Years (Wife Of Dead Pharmacist (Ayurved) R/o Ward No. 6, Laxmipura , Khadadarha Distt- Mahsamund (C.G.) 6 15 - Balkunwar W/o Jag Prasad Aged About 55 Years (Wife Of Dead Pharmacist (Ayurved) R/o Ward No. 8, Girari Distt- Bilaspur (C.G.) 16 - Smt. Rukmani Kanwar W/o Late Anjor Singh Aged About 46 Years (Wife Of Dead Pharmacist (Ayurved) R/o Purani Basti Pendra Distt- G.P.M. (C.G.) 17 - Smt. Ram Bai W/o Late Gopal Singh Porte Aged About 41 Years (Wife Of Dead Pharmacist (Ayurved) R/o House No. 72 Chhaprapara Tahsil Marwahi Distt- G.P.M. (C.G.) 18 - Shyamacharan Kurre S/o Balakram Aged About 57 Years Dead Pharmacist (Ayurved) R/o Ward No. 9 Nagar Panchayat Tundra Disttt- Balodabazar- Bhatapara (C.G.) 19 - Hriday Narayan Sahu S/o Lochan Prasad Sahu Aged About 63 Years Retired Pharmacist (Ayurved) R/o Sao Para Makan No. 292 Garh Umariya, Distt- Raigarh (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Health And Family Welfare Department, Mahanadi Bhawan, Atal Nagar, Naya Raipur (C.G.) 2 - Director, Directorate Of Ayurveda Yoga And Naturopathy, Unani Siddha And Homeopathy (Ayush) Indrawati Bhawan, Atal Nagar, Naya Raipur (C.G.) 7 3 - Divisional Joint Director, Treasury Accounts And Pension Raipur Distt- Raipur (C.G.) 4 - Joint Secretary, Finance Department Govt. Of Chhattisgarh Mahanadi Bhawan, Atal Nagar, Naya Raipur (C.G.) 5 - Secretary, Govt. Of Chhattisgarh, Department Of Labour, Mahanadi Bhawan, Atal Nagar, Naya Raipur Distt- Raipur (C.G.) --- Respondent(s) WPS No. 7496 of 2026 1 - Amit Kumar Bajpayee Son Of Shri Lakhan Lal Bajpayee Aged About 48 Years Working As Pharmacist (Ayurved), Primary Health Center, Mujghan, District - Balod (C.G.) 2 - Onkar Prasad Sahu Son Of Charan Sahu Aged About 41 Years Working As Pharmacist (Ayurved), Govt. Ayurved Dispensary, Korra, District - Dhamtari (C.G.) 3 - Chhannulal Sahu Son Of Ramsevak Sahu Aged About 54 Years Working As Pharmacist (Ayurved), Govt. Ayurved Dispensary, Bhothidih, District Dhamtari (C.G.) 4 - Smt. Basanti Sahu Wife Of Parakh Das Sahu Aged About 59 Years Working As Pharmacist (Ayurved), Govt. Ayurved Dispensary, Bhakhara, District - Dhamtari (C.G.) 8 5 - Smt. Bhagwati Sahu Wife Of Moti Lal Sahu Aged About 36 Years Working As Pharmacist (Ayurved), Govt. Ayurved Specilized Therepy Center, Civil Hospital Kurud, District - Dhamtari (C.G.) 6 - Smt. Siddhi Sinha Wife Of Gyaneshwar Sinha Aged About 51 Years Working As Pharmacist (Ayurved), Govt. Ayush Poli Clinic Dhamtari, District - Dhamtari (C.G.) 7 - Smt. Priti Sinha Wife Of Chhannu Lal Sahu Aged About 47 Years Govt. Ayurved Dispensary, Khartuli, District - Dhamtari (C.G.) 8 - Sanjay Kumar Patel Son Of Ramsevak Sahu Aged About 39 Years Working As Pharmacist (Ayurved), Govt. Ayurved Ayush Wing, District - Dhamtari (C.G.) 9 - Naresh Kumar Bhuarya Son Of Roman Lal Bhuarya Aged About 37 Years Working As Pharmacist (Ayurved), Govt. Ayurved Dispensary, Beloda District - Balod (C.G.) 10 - Smt. Neeleshwari Songer Wife Of Bhim Dev Aged About 47 Years Govt. Ayurved Dispensary, Silouti, District - Dhamtari (C.G.) 11 - Kunj Bihari Sahu Son Of Banwal Ram Sahu Aged About 54 Years Working As Pharmacist (Ayurved), Govt. Ayurved Dispensary, Ghimora, District - Dhamtari (C.G.) 9 12 - Omprakash Sahu Son Of Udhoram Sahu Aged About 47 Years Working As Pharmacist (Ayurved), Govt. Ayurved Dispensary, Araund, District - Dhamtari (C.G.) 13 - Om Kumar Sahu Son Of Dasharath Ram Sahu Aged About 36 Years Working As Pharmacist (Ayurved), Govt. Ayurved Dispensary, Darra, District - Dhamtari (C.G.) 14 - Santosh Kumar Karsh Son Of Shri Rambharosh Karsh Aged About 49 Years Working As Pharmacist (Ayurved), Govt. Ayurved Dispensary, Raigarh, District - Raigarh (C.G.) 15 - Harish Kumar Sahu Son Of Ramanand Sahu Aged About 36 Years Working As Pharmacist (Ayurved), Govt. Ayurved Dispensary, Khartuli, District - Dhamtari (C.G.) 16 - Bharti Ratre Wife Of Shri Baliram Ratre Aged About 36 Years Working As Pharmacist (Ayurved), Govt. Ayurved Dispensary, Khisora, District - Janjgir - Champa (C.G.) 17 - Dilip Kumar Sahu Son Of Rekhram Sahu Aged About 47 Years Working As Pharmacist (Ayurved), Govt. Ayurved Dispensary, Kaneri, District - Rajnandgaon (C.G.) 18 - Alakh Ram Sinha Son Of Chhabi Lal Sinha Aged About 51 Years Working As Pharmacist (Ayurved), Govt. Ayurved Dispensary, Rampur Chichola, District - Rajnandgaon (C.G.) 10 19 - Saty Dhar Jangade Son Of Shri Parashu Ram Jangade Aged About 47 Years Working As Pharmacist (Ayurved), Govt. Ayurved Dispensary, Khatigram, District - Bemetara (C.G.) 20 - Dakeshwar Kumar Sahu Son Of Late Shri Dhanuk Ram Sahu Aged About 49 Years Working As Pharmacist (Ayurved), Govt. Ayurved Dispensary, Khairjhiti Kala, District - Bemetara (C.G.) 21 - Smt. Savitri Yogi Wife Of Shri Agarman Nath Yogi Aged About 49 Years Working As Pharmacist (Ayurved), Primary Health Center, Damru, District - Balodabazar-Bhatapara (C.G.) 22 - Smt. Chhitralekha Sahu Wife Of Yashwant Kumar Sahu Aged About 40 Years Working As Pharmacist (Ayurved), Primary Health Center, Faradfod, District - Balod (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Health And Family Welfare Department, Mahanadi Bhawan, Atal Nagar, Naya Raipur (C.G.). 2 - Director Directorate Of Ayurveda, Yoga And Naturopathy, Unani, Siddha And Homeopathy (Ayush), Indravati Bhawan, Atal Nagar, Naya Raipur District Raipur (C.G.) 3 - Divisional Joint Director Treasury, Accounts And Pension, Raipur, District Raipur (C.G.) 11 4 - Joint Secretary Finance Department, Government Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Naya Raipur District Raipur (C.G.). 5 - Secretary Government Of Chhattisgarh, Department Of Labour, Mahanadi Bhawan, Atal Nagar, Naya Raipur District Raipur (C.G.). 6 - District A.Y.U.S.H. Officer District - Balod (C.G.). 7 - District A.Y.U.S.H. Officer District - Dhamtari (C.G.). 8 - District A.Y.U.S.H. Officer District - Raigarh (C.G.). 9 - District A.Y.U.S.H. Officer District - Janjgir - Champa (C.G.). 10 - District A.Y.U.S.H. Officer District - Rajnandgaon (C.G.) 11 - District A.Y.U.S.H. Officer District - Balodabazar - Bhatapara (C.G.). --- Respondent(s) WPS No. 7481 of 2026 1 - Vinay Kumar Verma S/o Shri Kumbhdas Verma Aged About 41 Years Working As Pharmacist (Ayurved), Primary Health Center, Jamgoan, District - Raigarh (C.G.) 12 2 - Digambar Prasad Jaiswal S/o Laxminarayan Jaiswal Aged About 39 Years Working As Pharmacist (Ayurved), Govt. Ayurved Dispensary, Kudekela, District - Raigarh (C.G.) 3 - Naresh Kumar Patel S/o Shri Salikram Patel Aged About 38 Years Working As Pharmacist (Ayurved), Primary Health Center, Kankbira, District - Raigarh (C.G.) 4 - Smt. Vrindavati Patel W/o Data Ram Nayak Aged About 35 Years Working As Pharmacist (Ayurved) Govt. Ayurved District Hospital Raigarh (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Health And Family Welfare Department, Mahanadi Bhawan, Atal Nagar, Naya Raipur (C.G.) 2 - Director Directorate Of Ayurveda, Yoga And Naturopathy, Unani, Siddha And Homeopathy (Ayush), Indravati Bhavan, Atal Nagar, Naya Raipur District Raipur (C.G.) 3 - Divisional Joint Director Treasury, Accounts And Pension, Raipur, District Raipur (C.G.) 4 - Joint Secretary Finance Department, Government Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Naya Raipur District Raipur (C.G.) 13 5 - Secretary Government Of Chhattisgarh, Department Of Labour, Mahanadi Bhawan, Atal Nagar, Naya Raipur District - Raipur (C.G.) 6 - District Ayush Officer District - Raigarh (C.G.) --- Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Resham Lal Jaiswal, Advocate For Respondent(s) : Shri Soumitra Kesharwani, Panel Lawyer (Hon’ble Shri Justice Bibhu Datta Guru) Order on Board 13.10.2026 1. Since common questions of fact and law are involved in all these writ petitions and the reliefs sought therein are also identical in substance, all the writ petitions are being heard and decided by this common order. For the sake of convenience, W.P.(S) No.7433/2026 is treated as the lead case and the pleadings in the said writ petition shall be referred to for the purpose of deciding the controversy involved in the connected matters. In the said writ petition, the following reliefs have been claimed: “a) Direct the respondents to grant the benefit of revised pay scale of Rs.5200-20200 14 with Grade Pay Rs.2400 to the petitioners w.e.f. 01.04.2006, instead of 01.01.2016, along with all consequential benefits. b) Quash/set-aside the impugned orders dated 11.09.2025 (Annexure P/11) and 27.02.2026 (Annexure P/12), being arbitrary, illegal and unsustainable in law. c) Direct the respondents to pay arrears arising out of the grant of revised pay scale from 01.04.2006 along with interest, within a time-bound period as may be deemed fit by this Hon’ble Court. d) Declare that the petitioners are entitled to the benefit of ‘equal pay for equal work’ at par with similarly situated employees working as Pharmacist Grade-II in other departments of the State. e) Direct the respondents to extend all consequential service benefits, including revision of pay fixation, increments, pensionary benefits and other retiral dues, 15 on the basis of the revised pay scale. f) Pass such other order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.” 2. Learned counsel for the petitioners at the outset submits that the issue involved in the present petition is identical to the issue which has already been considered and decided by this Court in W.P.(S) No.3775 of 2026 and other connected matters. He submits that the petitioners therein were claiming the benefit of the revised pay scale of Rs.5200-20200 with Grade Pay of Rs.2400 w.e.f. 01.04.2006, instead of 01.01.2016, along with consequential benefits. He, therefore, prays that the present petitions may also be disposed of in terms of the judgment passed in the aforesaid batch of petitions. 3. Learned counsel appearing for the State would not oppose the said submission of the petitioners. However, he would submit that the cases of the present petitioners will be considered subject to verification of the relevant material in this regard. 16 4. I have heard learned counsel for the parties and perused the documents. 5. It is an admitted fact that the petitioners herein are working as Pharmacist Grade-II under the Directorate of AYUSH and they have been extended the benefit of revised pay-scale of Rs.5200-20200+G.P. 2400/- w.e.f 01.01.2016. However, the said benefit of revised pay-scale has been extended to the Pharmacist Grade-II working in the department of Health Services w.e.f. 01.04.2006. Earlier some of the Pharmacist Grade-II working in the Department of Labour approached this Court in WPS No.3453/2013 and other connected matters which were allowed by the co-ordinate Bench of this Court vide common order dated 02.08.2024. Subsequently, the Pharmacist Grade-II working under the AYUSH Department have approached this Court in WPS No.3775 of 2026 and other connected matters which were allowed by common order dated 31.08.2026. This Court, while considering the aforesaid issue in W.P.(S) No.3775 of 2026 and other connected matters, upon consideration of the material placed on record and the legal principles governing the controversy, allowed the writ petitions. The relevant observations and 17 directions contained in the said judgment are extracted below: “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. 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 18 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.” 6. In view of the aforesaid judgment, and as the issue involved in the present petitions is squarely covered by the decision rendered by this Court in W.P.(S) No.3775 of 2026 and other connected matters, this Court finds no reason to take a different view. 7. Accordingly, all the writ petitions are disposed of in terms of the judgment passed by this Court in W.P.(S) No.3775 of 2026 and other connected matters. The respondents are directed to extend to the petitioners the benefit of the revised pay scale of Rs.5200-20200 with Grade Pay of Rs.2400 w.e.f. 01.04.2006 instead of 01.01.2016, along with consequential benefits, including consequential pay fixation and revision of other service benefits, in accordance with law, subject to verification of the petitioners’ entitlement and relevant records. 8. The aforesaid exercise shall be completed within a period of 19 four months from the date of receipt/production of a copy of this order. 9. Accordingly, the petition stands disposed of. Sd/-- (Bibhu Datta Guru) JUDGE Shoaib