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2026 DAILYLAW 6488 (CHH)

RAMESH KUMAR DANSENA v. STATE OF CHHATTISGARH

WPS/3259/2026 · 2026-04-14

Shri Parth Prateem Sahu

body2026

Judgment text

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-1- 2026:CGHC:17069 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3259 of 2026 1 - Ramesh Kumar Dansena S/o Late Mahettar Prasad Dansena Aged About 66 Years Retired Sthal Sahayak Posted At Mand Phase-I Sub Division Raigarh Water Resources Department District Raigarh Chhattisgarh R/o Village Bodasagar Post - Faguram District - Janjgir Champa Chhattisgarh 2 - Laxmi Narayan Bareth S/o Late Mahettar Lal Bareth Aged About 65 Years Retired Sthal Sahayak Posted At Wrd Sub Division Raigarh Water Resources Department District Raigarh Chhattisgarh R/o Atal Chowk Dabhra District Janjgir- Champa Chhattisgarh 3 - Heeralal Patel S/o Late Navratan Patel Aged About 66 Years Retired Sthal Sahayak Posted At Mand Phase-I Sub Division Raigarh Water Resources Department District Raigarh Chhattisgarh R/o Village Sendripali Tahsil Kharsiya District Raigarh Chhattisgarh 4 - Ram Kumar Dansena S/o Late Hariram Dansena Aged About 71 Years Retired Sthal Sahayak Posted At Mand Head Work Sub Division Kharsiya Water Resources Department District Raigarh Chhattisgarh R/o Village Bodasagar Post Faguram District Janjgir-Champa Chhattisgarh 5 - Dharampal Singh Chhatri S/o Late Kailash Singh Aged About 71 Years Retired Sthal Sahayak Posted At Wrd Sub Division, Gharghoda Water Resources Department District Raigarh Chhattisgarh R/o Ward No. 2 Gharghoda Near Block Colony Tahsil Dharamjaygarh District Raigarh Chhattisgarh 6 - Ramhaiya Lal Dubey S/o Late Santram Dubey Aged About 68 Years Retired Sthal Sahayak Posted At Wrd Sub Division, Gharghoda Water Resources Department District Raigarh Chhattisgarh R/o Ward No. 5, Chhal Road Gharghoda District Raigarh Chhattisgarh 7 - Mohd. Ibrahim S/o Late Mohd. Ibrahim S/o Late Mohd. Abdul Rahim Aged About 67 Years Retired Sthal Sahayak Posted At Wrd Sub Division, Gharghoda Water Resources Department District Raigarh Chhattisgarh R/o Saraswati Shishu Mandir Ke Pichhe Gharghoda District Raigarh Chhattisgarh 8 - Dilchand Sahu S/o Late Meghuram Sahu Aged About 71 Years Retired Sthal Sahayak Posted At Kiki Shirsh Work Sub Division Baramkela, Water Resources Department District Sarangarh Bilaigarh Chhattisgarh R/o Village Goutiyapara, Churtela District Janjgir Champa Chhattisgarh 9 - Khageshwar Singh Patel S/o Late Bala Ram Patel Aged About 61 Years Working As Sthal Sahayak Posted At Wrd Sub Division Baramkela, Water Resources Department District Sarangarh Bilaigarh Chhattisgarh R/o Village Salhepali, Post Deogaon District Raigarh Chhattisgarh Digitally signed by JYOTI JHA Date: 2026.04.16 13:19:57 +0530 -2- 10 - Suresh Kumar Nishad S/o Late Uday Ram Nishad Aged About 52 Years Working As Sthal Sahayk Posted At Wrd Sub Division Raigarh Water Resources Department District Raigarh Chhattisgarh R/o Village Bade Navapara Tahsil And District Raigarh Chhattisgarh 11 - Ramchandra Dubey S/o Late Kamta Prasad Dubey Aged About 49 Years Working As Sthal Sahayak Posted At Wrd Sub Division Raigarh Water Resources Department District Raigarh Chhattisgarh R/o Village Amraiyaara Boirdadar Tahsil And District Raigarh Chhattisgarh 12 - Smt. Yashoda Nishad W/o Manoj Kumar Nishad Aged About 36 Years Working As Sthal Sahayak Posted At Mand Phase-I Sub Division Raigarh Water Resources Department District Raigarh Chhattisgarh R/o Village Sanvrapara Post Deogaon District Raigarh Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Water Resources Mahanadi Bhawan, Mantralaya, New Raipur District - Raipur Chhattisgarh 2 - State Of Chhattisgarh Through Secretary, Department Of Finance Mahanadi Bhawan, Mantralaya, New Raipur District Raipur Chhattisgarh 3 - State Of Chhattisgarh Through Secretary, General Administration Department Mahanadi Bhawan, Mantralaya, New Raipur District Raipur Chhattisgarh 4 - Engineer In Chief Water Resources Department, Sihawa Bhawan New Raipur, District Raipur Chhattisgarh 5 - Chief Engineer Department Of Water Resources Hasdeo Kachhar Bilaspur District Bilaspur Chhattisgarh 6 - Executive Engineer Jal Sanshadhan Division Raigarh Water Resources Department District Raigarh Chhattisgarh 7 - Executive Engineer Jal Sanshadhan Division Dharamjaygarh Water Resources Department District Raigarh Chhattisgarh 8 - Joint Director Pension And Account Treasury Department Bilaspur Division, District Bilaspur Chhattisgarh … Respondent(s) For Petitioner : Mr. F.S. Khare, Advocate. For Respondent/State : Mr. Hariom Rai, P.L. Hon'ble Shri Justice Parth Prateem Sahu Order on Board 15 /04/2026 Heard. 1. The petitioners have filed this petition seeking the following relief(s): -3- 10.1. The Hon'ble Court may kindly be pleased to allow the writ petition and be pleased to direct the respondents to remove the anomaly accord in the service of petitioners. 10.2. The Hon'ble Court may kindly be pleased to direct the respondents to grant pay scale published in the Gazette dated 14.10.1982 and also direct to pay the arrears to the petitioners from his initial date of appointment. 10.3. The if Hon'ble Court may deem fit and proper be pleased to dispose of this writ petition granting same relief of making fresh representation to the competent authority, which is granted in WPS No. 775/2025 disposed of on 15.01.2026 (Annexure P/11) 10.4. That this Hon’ble Court may kindly be call for the records for its kind perusal which relates to petitioner’s’matter. 10.5. The Hon'ble Court may grant any other relief as this Hon'ble Court may deem fit and proper in the nature and circumstances of the present case in the interest of justice. 2. Learned counsel appearing for the petitioners submitted that in similarly situated facts and the question of law, a batch of the writ petition, the leading case of which was Writ Petition (S) No. 2904 of 2005 [Dwarikadas Vaishnav & another Vs. State of Madhya Pradesh (now Chhattisgarh) and others] has been considered and decided by the Coordinate Bench of this Court vide order dated 05.12.2012, in which, the petitioners, in those cases, have been granted liberty to file a fresh representation before competent authority, therefore, this petition may also be disposed of in light of that order directing the respondents–Competent Authority to consider the case of the petitioner’s husband for revision of pay scale in accordance with the Notification dated 14.10.1992 (which was modified subsequently as 14.10.1982) issued by State of Madhya -4- Pradesh, as the the petitioners were earlier working as daily wage employees and subsequently, their services were regularized. 3. Learned counsel appearing for the State/respondents would submit that earlier the respondent/State had already considered the issue of the petitioners in the light of the judgment passed by State Administrative Tribunal, Gwalior Bench in Laxmi Narayan Upadhyay v. State of M.P., however, he submits that if the petitioners file a fresh representation, the State will consider their case in light of the notification as mentioned herein above. 4. In view of the above submissions made by the parties, this petition is disposed of, permitting the petitioners to submit fresh comprehensive representation before concerned authorities and if, such representation is submitted, the concerned authority shall consider and take decision on the representation in light of the notification and decision as referred above in accordance with law, expeditiously within a further period of 6 months from the date of receipt of representation. 5. With the aforesaid observation and direction, the writ petition stands finally disposed of. Sd/- (Parth Prateem Sahu) Judge Jyoti