-1- 2026:CGHC:16077 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3094 of 2026 Dr. D.N. Mishra S/o Shri Y N Mishra Aged About 62 Years Subhash Nagar, 156-K, Sai Mandir Road, Ambikapur, District Surguja, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, Raipur Chhattisgarh 2 - Director Directorate Of Public Instructions, Indrawati Bhawan, Mantralaya, Atal Nagar, Naya Raipur, Raipur Chhattisgarh 3 - Joint Director Surguja Division, Department Of School Education, Ambikapur, District Surguja Chhattisgarh 4 - District Treasury Officer Department Of Treasury, Accounts And Pension, Ambikapur, District Surguja Chhattisgarh 5 - Joint Director Surguja Division, Department Of Treasury, Accounts And Pension, Ambikapur, District Surguja Chhattisgarh … Respondent(s) For Petitioner : Mr. Amrito Das, Advocate. For Respondent/State : Mr. Ajay Kumrani, P.L. Hon'ble Shri Justice Parth Prateem Sahu Order on Board 08 /04/2026 1. Petitioner has filed this writ petition, seeking following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire record concerning the decision taken by the DPI on the recommendation made by the Joint Director on 19.07.2021 and 24.12.2021 with respect to grant -2- of 3rd time scale of pay to the petitioner from the respondents for its kind perusal. 10.2 That, this Hon'ble Court may kindly be pleased to pass an appropriate order / writ directing the respondent authorities to grant the petitioner the benefit of 3rd time scale of pay as per the circular dated 08.08.2018 issued by the State Government with effect from, 28.09.2017, with all consequential benefits. 10.3 That, this Hon'ble Court may kindly be pleased to pass an appropriate order / writ directing the respondent authorities to grant the petitioner the benefit of arrears of pay and also issue the Pension Pay Order (PPO) after proper fixation of pay upon incorporation of the benefits under the 3rd time scale of pay payable to him in light of the circular dated 08.08.2018. 10.4 That, this Hon'ble Court may kindly be pleased to pass an appropriate order / writ directing payment of penal interest @ 18% per annum towards the arrears of pay payable to the petitioner from the date it fell due till the date of actual payment. 10.5 Any other relief, which this Hon'ble Court, may deem fit and proper, in the facts and circumstances of the case.” 2. Learned counsel for the petitioner submits that the petitioner is an employee of the respondents and was initially appointed to the post of Lecturer vide order dated 14.09.1987. According to the circular issued by the State Government, the 1st and 2nd time pay scale have been granted to the petitioner. After completion of 30 years of service, the petitioner became eligible for entitlement of the 3rd time pay scale in the year 2017. Considering the circular issued by the State Government, the immediate Supervising Officer, Divisional Joint Director, DPI Sarguja, Ambikapur, passed an order on 11.05.2020 granting the benefit of the 3rd time pay scale to the petitioner w.e.f. 28.09.2017. He further submits that, as the order could not be forwarded from the office of the Director, the monetary benefit of the order dated 11.05.2020 could not be extended to the -3- petitioner. The petitioner thereafter approached the Divisional Director, upon which the Divisional Joint Director, Surguja Division, issued his recommendation dated 19.07.2021 to the Director, Directorate of Public Instructions, Raipur, Chhattisgarh, making a proposal for grant of the 3rd time pay scale; however, it could not be considered, and thereafter, the Divisional Joint Director forwarded another proposal in this regard on 24.12.2021. The Director, Directorate of Public Instructions, vide letter dated 14.09.2020, passed an order granting the benefit of the 3rd time pay scale to other employees, even to employees junior to the petitioner in the cadre, but the name of the petitioner did not form part of the said order. 3. It is further submitted by the learned counsel for the petitioner that the petitioner thereafter submitted representations before respondent No. 1, Secretary, Department of School Education, and respondent No. 2, Director, Directorate of Public Instructions, on 26.02.2026 for granting the benefit of the 3rd time pay scale w.e.f. 28.09.2017, which till date is pending consideration. At this stage, he submits that respondents No. 1 and 2 be directed to decide and take a decision on the representations submitted by the petitioner, also keeping in mind the proposal forwarded by respondent No. 3, i.e., the Joint Director, Surguja Division, at the earliest. 4. Learned State Counsel submits that he has no objection to the limited prayer. If the claim of the petitioner is pending, it will be considered in accordance with law. 5. In view of the submissions made by the learned counsel for the parties, the present writ petition is disposed of, directing respondent No. 1 and 2 to consider and take a decision on the representations -4- submitted by the petitioner, taking into consideration the proposals forwarded by respondent No. 3 for grant of the 3rd time pay scale w.e.f. 28.09.2017, within a period of four months from the date of receipt of a copy of this order. 6. At this stage, learned counsel for the petitioner submits that, as the petitioner has not been given the monetary benefit of the 3rd time pay scale since 2017, a direction be issued for award of interest on the said amount. 7. Considering the entire facts and procedure for grant of the 3rd time pay scale, at this stage, I am not issuing such direction, however, the said prayer may be raised at an appropriate stage by filing appropriate proceedings. 8. Accordingly, this petition is disposed of with the aforesaid observations and directions. Sd/- (Parth Prateem Sahu) Judge Jyoti