1 2026:CGHC:16415 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 12884 of 2025 1 - Digeshwar Prasad S/o- Gyaneshwar Prasad Aged About 39 Years Posted As Perfusionist, Pandit Jawahar Lal Nehru Medical College, Raipur, District Raipur, Chhattisgarh R/o Amleshwar, Durg, District Durg, Chhattisgarh 2 - Eman Kumar S/o Net Ram Aged About 27 Years Posted As Lab Supervisor, Pandit Jawaharlal Nehru Smriti Chikitsa Mahavidyalaya, Raipur, District Raipur, Chhattisgarh R/o Md 225, Veersawarkar Nagar Hirapur, Raipur, District Raipur, Chhattisgarh 3 - Neelambar Prajapati S/o Jhadu Ram Prajapati Aged About 38 Years Posted As Technical Assistant, C.I.M.S. Hospital Bilaspur, R/o- Rajiv Vihar, Raj Kishore Nagar, Bilaspur, District Bilaspur, Chhattisgarh 4 - Dayanand Gangber S/o Tarachand Gangber Aged About 28 Years Posted As Technical Assistant, Bharat Ratna Lt. Shri Atal Bihari Vajpayee Memorial Government Medical College And Hospital Rajnandgaon, District Rajnandgaon, R/o Maneri, District Rajnandgaon, Chhattisgarh 5 - Giriraj Singh S/o Late Atma Ram Aged About 31 Years Posted As Technical Assistant, Pandit Jawahar Lal Nehru Medical College, Raipur, R/o- Md 242, Veer Sawarkar Nagar Hirapur Raipur, District Raipur, Chhattisgarh 6 - Chitranjan Yadav S/o Mahar Singh Yadav Aged About 30 Years Posted As Technical Assistant, Pandit Jawaharlal Nehru Medical College, Raipur, R/o- Sanyasi Para, Khamtarai, Bilaspur, District Bilaspur, Chhattisgarh 7 - Rajendra Prasad Dahariya S/o Kushawa Dahariya Aged About 30 RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2026.04.16 12:16:27 +0530 2 Years Posted As Technical Assistant, Pandit Jawaharlal Nehru Medical College, Raipur, R/o M D 246, Veer Sawarkar Nagar Hirapur Raipur, District Raipur, Chhattisgarh 8 - Virendra Kumar S/o Late Bhojram Sahu Aged About 30 Years Posted As Technical Assistant, Pandit Jawaharlal Nehru Medical College, Raipur, R/o Gudhiyari Street No. 03, House No. C00340 Gulabnagar Beside Nitin Furniture Gudhiyari, Raipur Chhattisgarh 9 - Umashankar S/o Dauwa Ram Aged About 32 Years Posted As Technical Assistant, Pandit Jawaharlal Nehru Medical College, Raipur, R/o- Village Borai, Durg, District Durg, Chhattisgarh 10 - Kavita Sahu D/o Homlal Sahu Aged About 30 Years Posted As Technical Assistant Pandit Jawaharlal Nehru Medical College Raipur R/o A/9, Boriyakhurd, Shashwat Nagar, Raipur, District Raipur, Chhattisgarh 11 - Ghanshyam Patel S/o Late Lomash Rishi Patel Aged About 40 Years Posted As I.C.U. Technician, Pandit Jawaharlal Nehru Medical College, Raipur, R/o Housing Board Colony, Boriya Kala, Raipur, District Raipur, Chhattisgarh 12 - Khemsingh Mande S/o Late Bhagirathi Singh Aged About 42 Years Posted As I.C.U. Technician, Pandit Jawaharlal Nehru Medical College, Raipur, R/o Classic City, Parsulidihi, Raipur, District Raipur, Chhattisgarh 13 - Akash Deep Sen S/o Rajendra Prasad Aged About 31 Years Posted As Dark Room Assistant, Pandit Jawaharlal Nehru Medical College, Raipur, R/o- Gad Colony, Kachna, Raipur, District Raipur, C.G. 14 - Shekhar Singh Kanwar S/o Kanhaiya Lal Kanwar Aged About 35 Years Posted As Dark Room Assistant, Government Medical College, Korba, R/o- Village Sendri, Sakti, District Sakti Chhattigarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Health And Family Welfare Department Mantralaya, Mahanadi Bhawan, Naya Raipur, Raipur, Chhattisgarh, District Raipur, Chhattisgarh 2 - Director Directorate Of Medical Education, Raipur, District Raipur Chhattisgarh 3 3 - Dean Pandit Jawahar Lal Nehru Smriti Chikitsa Mahavidyalaya, Raipur, District Raipur, Chhattisgarh ... Respondent(s) (Cause title is taken from CIS) For Petitioner : Mr. Basant Dewangan, Advocate For Respondents-State : Ms. Anuja Sharma, Dy. G.A. SB: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 09/04/2026 1. Learned counsel for the petitioners submit that petitioners, who are working on the post of the Perfusionist, Lab Supervisor, Lab Assistant, ICU Technician and Dark Room Assistant respectively, with the respondent No.3, have filed this writ petition pleading that the petitioners grade pay has not been fixed in accordance with the Pay Scale as provided under the Chhattisgarh Medical Education Department Non Clerical (Directorate of Medical Science Education Department Related) Class III Service Recruitment Rules 2015 (for short ‘the Rules of 2015’). The representations submitted by the petitioners have not been considered and decided. This writ petition is filed seeking following relief(s) : “10.1. That, the records pertaining to the case of the petitioners may be kindly called for kind perusal of this Hon'ble Court. 10.2 That, the Hon'ble Court may kindly the respondent authorities to pay the increased salary and grade pay of Rs. 2,800/- to the 4 petitioners since their initial date of appointment, in the interest of justice. 10.3. That, the Hon'ble Court may kindly be pleased to direct the respondents authorities for paying the interest at rate of six percent since the date of their initial appointment due to payment of reduced salary and grade pay, also the future salary and grade pay of the petitioners be accordingly affixed as per the Rules of 2015 and other relevant orders, in the interest of justice. 10.4. That any other relief which this Hon’ble Court may deem fit and just in the facts and circumstances of the case.” 2. Learned counsel for the petitioners would submit that pursuant to the advertisement issued by the respondent No.1, petitioners had submitted application for their appointment on different posts. (description of posts is mentioned in the cause title of writ petition in the particulars of each of the petitioner separately). After conclusion of the recruitment proceedings petitioner were appointed on the posts, as mentioned in their particulars in the cause title in the year 2018 and since then they are continuously working. Petitioners are being paid grade pay of Rs.2400/- since their appointment in stead of grade pay of Rs.2800/- as provided under the Rules of 2015. In support of his contention, he referred to Schedule 1 under Rule 5 of the Rules of 2015 and submits that the pay scale with grade pay for each post is specifically mentioned. When once a grade pay under the rules is mentioned as Rs.2800/- for the posts on which petitioners are appointed, the respondent authorities are bound to fix the pay 5 scale with grade pay of Rs.2800/- per month and not with grade pay of Rs.2400/-. 3. Learned counsel for the State does not oppose the submission made by the counsel for the petitioners based on Schedule 1 under the Rules of 2015. She, however, submits that in the reply pleading is made that the pay with the grade pay of Rs.2400/- has been paid to the petitioners based on post set-up of 2007. She also contended that based on the representations of the employees received by the department, as of now, the department has constituted the Committee to rectify the anamoly as pointed out by the employees in their grade pay. 4. She submitted that according to her instruction which she gathered, the Committee, when could not able to conclude the proceedings, the Director himself has taken initiative and called the reports from all 33 institutions within the State of Chhattisgarh with regard to the pay scale and the grade pay being paid to the Class III and Class IV employees. According to her instructions some of the reports are still awaited and therefore, the proceedings could not be finalized. She further submits that she has also sought institutions with regard to the action taken by respondent department pursuant to the decision of the Coordinate Bench in WPS No.278/2020 (Smt Asha Verma & Others vs. State of Chhattisgarh & Others) decided on 14.10.2025, upon which she was informed that this order is not been put to further challenge as of now. 6 5. I have heard leaned counsel for the respective parties and perused the documents placed on record. 6. Claim of the petitioners is based on the pay scale and the grade pay as forming part of Schedule 1 under the rules of 2015. Perusal of the advertisement dated 11.02.2016 filed along with writ petition as Annexure P/3 would show that the advertisement was issued for filling up the posts as mentioned therein, under in accordance with the Rules of 2015 and therefore, all the provisions and the schedules which are part of the Rules of 2015 would be applicable to the petitioners. Schedule 1 formulated under Rule 5 mentions the posts, its classification, pay scale, grade pay and also the appointing authority. Post of Technical Assistant is mentioned in Entry No.26, it is a Class-III post and pay scale of which is mentioned Rs.5200-20200/- with grade pay Rs.2800/-, the post of Perfusionist is mentioned at Entry No.53 to be Class- III post with same pay scale and same grade pay. Likewise the posts of Lab Supervisor is mentioned at Entry No.56, Dark Room Assistant is mentioned at Entry No.59 and ICU Technician to be Class-III posts with same pay scale and same grade pay as mentioned above. 7. Salary being paid to the petitioners with grade pay of Rs.2400/- as of now is not disputed by the counsel for the respondent- State, but for the submission that the grade pay is being paid in view of the grade pay mentioned in the post set-up of the year 7 2007. Submission of the counsel for the State is not acceptable more so well, petitioners were appointed under Rules of 2015, and mentioned in the advertisement also. Advertisement was issued for filling of the posts as mentioned therein, by way of direct recruitment to be under the Rules of 2015. 8. Considering the aforementioned facts and circumstances of the case, the pay scale and grade pay as provided under Schedule 1 formulated under the Rule 5, in the opinion of this Court, the petitioners are entitled for grade pay of Rs.2800/- instead of Rs.2400/-. It is ordered accordingly. The respondents are directed to make corrections in service record of petitioners with respect to the pay scale and the grade pay in accordance with Schedule 1 formulated under Rule 5 and to further make payment of arrears/difference of the pay after correcting the grade pay in their service records at the earliest expeditiously, preferably within further period of 4 months from the date of receipt of copy of the order. 9. With the aforesaid observations and directions, this petition stands disposed of. Sd/- (Parth Prateem Sahu) Judge Ravi Mandavi