1 2026:CGHC:14925 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6299 of 2021 1 - Alok Kumar Dubey S/o Late Shri K.K. Dubey Aged About 60 Years R/o Shrikant Verma Marg Vaishali Nagar Phase Ii Near Pushparaj School, Bilaspur, District Bilaspur, Chhattisgarh. 2 - Om Prakash Thakur S/o Late Shri Kumar Singh Aged About 67 Years R/o Madhdoot Nagar, Sarkanda Bilaspur, District Bilspur, Chhattisgarh. 3 - Chandra Mohan Singh S/o Late Phulera Singh Aged About 67 Years R/o Patli Putra Colony, Lingiadih Bilaspur, District Bilaspur, Chhattisgarh. 4 - Rajendra Kumar Sharma S/o Late Shri D.P. Sharma Aged About 63 Years R/o Quarter No. 74, Gitanjali Park, Mangla Bilaspur, District Bilaspur, Chhattisgarh. 5 - Smt. Sunita Dhariya W/o Shri S.K. Dhariya Aged About 62 Years R/o Near Satbahaniya Mandir, Old Power House, Devrikhurd, Bilaspur, District Bilaspur, Chhattisgarh. 6 - Rajesh Kumar Daan S/o Late Shri V.K. Daan Aged About 65 Years R/o Near Rajeev Gandhi Chowk, Jarhabhata, Bilaspur, District Bilaspur, Chhattisgarh. 7 - Bhupendra Singh Parihar S/o Late Shri Govind Pratap Singh Aged About 63 Years R/o Beside Balram Talkies, Near Ghatke Nursing Home, Gandhi Nagar, Bilaspur, District Bilaspur, Chhattisgarh. 8 - Smt. Rajbai Bhargav W/o Shri R.B. Bhargav Aged About 64 Years R/o House No. 03, Ward No. 45/65, Sarkanda, Bilaspur, District Bilaspur, Chhattisgarh. 9 - Ranjana Kushwaha W/o Late Shri Aaditya Kushwaha Aged About 68 Years R/o Chandni Chowk, Kududand, Bilaspur, District Bilaspur, Chhattisgarh. 2 10 - R.K. Thakur H/o Late Smt. Kamla Singh Aged About 63 Years Retired Subedar-M, R/o Ward No. 45 (Now-54) New Sarkanda, Near Dreamland School, Shakti Vihar, Bandhwapara, Bilaspur District Bilaspur, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Principal Secretary, Finance Department, Mahanadi Bhawan, Mantralaya, Atal Ngar, District Raipur, Chhattisgarh. 2 - Principal Secretary Department Of Home (Police), Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh. 3 - Director General Of Police Police Headquarters, Block No. 4 Sector-19, Near Indrawati Bhawan, Atal Ngar, District Raipur, Chhattisgarh. 4 - Commandant 6th Batallion C.A.F., Raigarh, District Raigarh, Chhattisgarh. 5 - Director (Treasury, Accounts And Pension) Block-A, First Floor, Indrawati Bhawan, Naya Raipur, District Raipur, Chhattisgarh. 6 - Joint Director (Treasury, Accounts And Pension) Bilaspur Division, District Bilaspur, Chhattisgarh. 7 - Superintendent Of Police Bilaspur, District Bilaspur, Chhattisgarh. 8 - Superintendent Of Police Mungeli, District Mungeli, Chhattisgarh. 9 - Superintendent Of Police (Telecommunication) Bilaspur Zone Bilaspur, Chhattisgarh. 10 - Superintendent Of Police (Radio) Bilaspur Zone Bilaspur, Chhattisgarh. 11 - Inspector General Of Police (Intelligence) Police Head Quarter Ground Floor, Block No. 1, Nawa Raipur, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Ajay Kumrani, Advocate For Respondent(s) : Mr. Anil S. Pandey, Government Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 01/04/2026 1. The petitioner has filed this petition seeking the following relief(s):- 3 “10.1 That the Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner. 10.2 That, Hon'ble Court may kindly be pleased to issue an appropriate writ/order/direction and quash the impugned communication dated 30.05.2016 being contrary to order dated 28.09.2013 and order dated 11.02.2008. 10.3 That, Hon'ble Court may kindly be pleased to issue an appropriate writ/order/direction and direct the respondent No. 6 to grant the benefit of Brahmaswaroop recommendation pertaining to revised pay scale on the post of Sub-Inspector to the petitioners and thereafter fix the pay scale of the petitioners and grant arrears of the balance amount to the petitioners within a specified time frame. 10.4 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/ direction and direct the respondent authorities to grant the benefit of time scale pay to the petitioners equivalent to the pay scale of the promotional post. 10.5 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/ direction and direct the respondent authorities to examine the case of the petitioners for grant of time scale pay @ Rs.4200/- & Rs. 4400/- in the light of Para 5 of Finance Direction dated 28.04.2008 (Annexure P/14) upon completion of ten years and twenty years of service respectively. 10.6 That, Hon'ble Court may kindly be pleased to issue an appropriate writ/order/direction and direct respondent authorities to grant the benefit of time scale pay vis a vis those identically placed employees who have been granted the benefit of first and second time scale pay @ of Rs. 4200/- and Rs.4400/- grade pay, upon completion of 10 years and 20 years of service, (Annexure P/16) within a specified time frame. 10.7 That, Hon'ble Court may kindly be pleased to issue an appropriate writ/order/direction and direct respondent authorities to grant the benefit of third time scale pay to the petitioners in view of finance direction dated 08.08.2018 (Annexure P/20). 4 10.8 Any other relief/reliefs which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also kindly be granted.” 2. Learned counsel appearing for the petitioners would submit that the petitioners have been retired from the posts of Subedar (M), Sub- Inspector (M) and Inspector (M). He would further submit that as per accordance circular dated 28.09.2013, the petitioners are entitled to receive a higher pay scale according to the recommendations made by the Brahma Swaroop Committee. He would submit that the State had preferred a Special Leave Petition before the Hon’ble Supreme Court arising out of W.A. No. 426/2012, wherein the order passed therein was affirmed. He would argue that the learned Single Judge has extended similar benefits to other employees, and this fact is evident from Annexure P-13 & P-16. He would also contend that the petitioners may be permitted to make a representation(s) before Respondent Nos. 3 to 10 and said authorities may be directed to decide the same in an objective manner within a stipulated time. 3. On the other hand, learned counsel appearing for the respondents would oppose the submissions made by counsel for the petitioners and submit that the petitioners are not entitled to claim higher pay scale as they have approached this Court at a belated stage; thus, the petition deserves to be dismissed. 4. I have heard learned counsel for the parties and perused the documents. 5. It is a well-settled principle of law that when a Government servant claims arrears of salary, revision of salary, or pensionary benefits, such claims give rise to a recurring cause of action, and therefore cannot be dismissed solely on the ground of delay. 6. The Hon’ble Supreme Court in the matter of M.R. Gupta v. Union of India, (1995) 5 SCC 628 : 1995 SCC (L&S) 1273] , has held that so 5 long as the employee is in service, a fresh cause of action would arise every month when they are paid their salary on the basis of a wrong computation made contrary to the rules. If the employee's claim is found to be correct on merits, they would be entitled to be paid according to the properly fixed pay scale in future and the question of limitation would arise for recovery of the arrears for the past period. The Court held that the arrears should be calculated and paid as long as they have not become time-barred. The entire claim for the past period should not be rejected. 7. Taking into consideration the above discussed facts & law, this petition is disposed of granting liberty to the petitioners to make representations before Respondent Nos. 3 to 10 and in turn, the authorities concerned are directed to consider and decide the representations so made by the petitioners in an objective manner, preferably within a period of 120 days from the date of receipt of such representation. 8. With the aforesaid observation(s) and direction(s), this petition is hereby disposed of. No order as to costs. Sd/- Rakesh Mohan Pandey JUDGE Nadim