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2026 DAILYLAW 6563 (CHH)

JAI KRISHNA MISHRA v. STATE OF CHHATTISGARH

WPS/3231/2026 · 2026-04-14

Shri Parth Prateem Sahu

body2026

Judgment text

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-1- 2026:CGHC:17074 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3231 of 2026 Jai Krishna Mishra S/o Late Gajraj Mishra Aged About 68 Years Retired Sthal Sahayak Posted At Wrd Sub- Division Basna Water Resources Department District- Mahasamund (C.G.) R/o Ward No 15, Adarsh Nagar Basna Tahsil - Basna District- Mahasamund (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Secretary Department Of Water Resources Mahanadi Bhawan Mantralaya New Raipur District- Raipur (C.G.) 2 - State Of Chhattisgarh Through Secretary Department Of Finance Mahanadi Bhawan Mantralaya New Raipur District- Raipur (C.G.) 3 - State Of Chhattisgarh Through Secretary General Administration Department Mahanadi Bhawan Mantralaya New Raipur, District- Raipur (C.G.) 4 - Engineer In Chief Water Resources Department Sihawa Bhawan New Raipur, District- Raipur (C.G.) 5 - Chief Engineer Department Of Water Resources Mahanadi Godavari Kachhar Raipur District- Raipur (C.G.) 6 - Executive Engineer Jal Sanshadhan Division Mahasamund Water Resources Department District- Mahasamund (C.G.) 7 - Joint Director Pension And Account Treasury Department Raipur Division District- Raipur (C.G.) … 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 petitioner has filed this petition seeking the following relief(s): Digitally signed by JYOTI JHA Date: 2026.04.16 13:20:00 +0530 -2- 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 petitioner. 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 petitioner from his initial date of appointment. 10.3. The 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 petitioner 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 -3- Pradesh, as the the petitioner was earlier working as contingency paid employee and subsequently, his service was regularized. 3. 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 petitioner file a fresh representation, the State will consider her 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 petitioner 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 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