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2026 DAILYLAW 6924 (CHH)

KEDARNATH KASHYAP v. STATE OF CHHATTISGARH

WPS/3439/2026 · 2026-04-20

Shri Parth Prateem Sahu

body2026

Judgment text

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1 / 5 2026:CGHC:18077 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3439 of 2026 1. Kedarnath Kashyap S/o Late Balram Kashyap Aged About 69 Years Retired Sthal Sahayak Posted At Office Of S.D.O. Janjgir Shakha Nahar Sub Division No. 03, Birra Water Resources Department District- Janjgir- Champa (C.G.) R/o Village Tulsi Post Misda District- Janjgir - Champa (C.G.) 2. Surendra Prasad Dubey S/o Late Dwarika Prasad Dubey Aged About 72 Years Retired Sthal Sahayak Posted At Office Of S.D.O. Janjgir Shakha Nahar Sub Division No. 01, Janjgir Water Resources Department District- Janjgir- Champa (C.G.) R/o Ward No. 17 Chandaniya Para Tahsil Janjgir And District- Janjgir- Champa (C.G.) 3. Basant Lal Tiwari S/o Late Ganga Prasad Tiwari Aged About 66 Years Retired Sthal Sahayak Posted At Office Of S.D.O. Janjgir Shakha Nahar Sub Division No. 01, Janjgir Water Resources Department District- Janjgir- Champa (C.G.) R/o Village And Post Banari Tahsil Janjgir District- Janjgir- Champa (C.G.) 4. Chandrika Prasad Soni S/o Lakhan Prasad Soni Aged About 66 Years Retired Sthal Sahayak Posted At Office Of S.D.O. Jal Sanshadhan Survekshan And Baraj Nirman Sub Division No. 6 Champa Water Resources Department District- Janjgir- Champa (C.G.) R/o Behind Vinod Gas Agency Champa Tashil Champa District- Janjgir Champa (C.G.) 5. Nain Singh Chhatri S/o Late Jhool Singh Chhatri Aged About 68 Years Retired Sthal Sahayak Posted At Office Of S.D.O. Champa Shakha Nahar Sub Division No. 01 Seoni Champa Water Resources Department District- Janjgir- Champa (C.G.) R/o Ward No. 7 New Chandaniya Para Tahsil Janjgir District- Janjgir- Champa (C.G.) 6. Jayram Prasad Aaditya S/o Fulchand Aaditya Aged About 68 Years Retired Sthal Sahayak Posted At Office Of S.D.O. Champa Shakha Nahar Sub Division No. 01 Seoni Champa Water Resources Department District- Janjgir- Champa (C.G.) R/o Village And Post Saragaon District- Janjgir- Champa (C.G.) 7. Harishankar Yadav S/o Kriparam Yadav Aged About 65 Years Retired Sthal Sahayak Posted At Office Of S.D.O. Janjgir Shakha Nahar Sub Division No. 01 Janjgir Water Resources Department District- Janjgir- Champa (C.G.) R/o Ward No. 18, Old Irrigation Colony Janjgir District- Janjgir - Champa (C.G.) 8. Shahid Ahmed Sheikh S/o Siraj Ahmad Aged About 66 Years Retired Sthal Sahayak Posted At Office Of S.D.O. Janjgir Shakha Nahar Sub Division No. PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 5 01 Janjgir Water Resources Department District- Janjgir- Champa (C.G.) R/o Chandaniya Para Tahsil Janjgir District- Janjgir - Champa (C.G.) 9. Rajendra Kumar Rathore S/o Badri Prasad Rathore Aged About 66 Years Retired Sthal Sahayak Posted At Office Of S.D.O. Janjgir Shakha Nahar Sub Division No. 01 Janjgir Water Resources Department District- Janjgir- Champa (C.G.) R/o Ward No 13 Bajrang Chowk Kanhai Band Tehsil Janjgir District- Janjgir - Champa (C.G.) 10.Mayaram Bareth S/o Tirithram Bareth Aged About 64 Years Retired Sthal Sahayak Posted At Office Of S.D.O. Jal Sanshadhan Power Plant Sub Division Darri/ Korba Water Resources Department District- Korba (C.G.) R/o Village Bhathapara, Kurda Tahsil Jangir District- Janjgir - Champa (C.G.) 11. Krishna Kumar Jaiswal S/o Janakram Jaiswal Aged About 69 Years Retired Sthal Sahayak Posted At Office Of S.D.O. Jal Sanshadhan Power Plant Sub Division Darri/ Korba Water Resources Department District- Korba (C.G.) R/o Village Salihabhatha Barpali Tahsil Kartala District- Korba (C.G.) 12.Raghubar Prasad Rajwade S/o Motiram Rajwade Aged About 69 Years Retired Sthal Sahayak Posted At Office Of S.D.O. Jal Sanshadhan Power Plant Sub Division Darri/ Korba Water Resources Department District- Korba (C.G.) R/o Village Katbitla Post Saragbundiya Tahsil And District- Korba (C.G.) 13.Aasharam Tandon S/o Aanandram Tandon Aged About 70 Years Retired Sthal Sahayak Posted At Office Of S.D.O. Hasdev Dayi Tat Hahar Sub Division No. 05, Jarvey Water Resources Department District Janjgir Champa (C.G.) R/o Village Andi Post Kirari Tehsil Janjgir District- Janjgir - Champa (C.G.) 14.Girdhari Lal Chandra S/o Garhan Singh Chandra Aged About 69 Years Retired Sthal Sahayak Posted At Office Of S.D.O. Jal Sanshadhan Sub Division Sakti Water Resources Department District- Janjgir - Champa At Present District- Sakti (C.G.) R/o Village Bangaon Post Bhathli Tahsil Nawagarh District- Janjgir- Champa (C.G.) 15.Govardhan Prasad Saraf S/o Motilal Saraf Aged About 67 Years Retired Sthal Sahayak Posted At Office Of S.D.O. Janjgir Shakha Nahar Sub Division No. 03, Birra Water Resources Department District- Janjgir - Champa (C.G.) R/o Village And Post Bamhanidih (Sonarpara) Tahsil Champa District- Janjgir- Champa (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 Chhattisgrh 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.) 3 / 5 5. Chief Engineer Minimata Hasdev Bango Pariyojna Bilaspur Department Of Water Resources Bilaspur District- Bilaspur (C.G.) 6. Chief Engineer Hasdev Kachhar Bilaspur Department Of Water Resources Bilaspur District- Bilaspur (C.G.) 7. Executive Engineer Hasdev Nahar Jal Prabandh Division Janjgir Water Resources Department District- Janjgir- Champa (C.G.) 8. Executive Engineer Jal Sanshadhan Division Korba Water Resources Department District- Korba (C.G.) 9. Executive Engineer Hasdev Baraj Jal Prabandh Division Rampur/ Korba Water Resources Department District- Korba (C.G.) 10.Executive Engineer Jal Sanshadhan Division Janjgir Water Resources Department District- Janjgir-Champa (C.G.) 11. Joint Director, Pension And Account Treasury Department Bilaspur Division District- Bilaspur (C.G.) --- Respondent(s) For Petitioner : Ms. Mamta Mahilange, Advocate on behalf of Mr. F.S. Khare, Advocate For Respondents- State : Mr. Aditya Tiwari, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 21/04/2026 1. Petitioners have filed this writ petition seeking following reliefs. “10.1 That this 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 That, 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 their initial date of appointment. 10.3 That, if 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. 4 / 5 10.5 Any other relief, which this Hon’ble Court may deem fit and proper, may also be passed in favour of the petitioners.” 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 petitioners for revision of their pay scale in accordance with the Notification dated 14.10.1992 (which was modified subsequently as 14.10.1982) issued by State of Madhya Pradesh, as 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 representation 5 / 5 before appropriate authority. In the event, petitioners submit fresh representation before the competent authority, the same shall be considered and decided by the competent authority in light of the aforesaid notification expeditiously preferably within a period of 06 months from the date of receipt/ production of a certified copy of this order. 5. With the aforesaid observation and direction, this writ petition is disposed of. Sd/- (Parth Prateem Sahu) Judge pwn