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2026 DAILYLAW 7776 (CHH)

RAMBARAN SINGH TOMAR v. STATE OF CHHATTISGARH

WPS/802/2022 · 2026-04-24

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 2026:CGHC:19188 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 802 of 2022  Rambaran Singh Tomar S/o Badan Singh Aged About 62 Years Retired Senior Block Development Officer, Agriculture Officer, Baikunthpur, District- Korea Chhattisgarh. ... Petitioner versus 1. State Of Chhattisgarh Through The Secretary, Agricultural Department Mantralaya, Mahanadi Bhavan, New Raipur, District Raipur Chhattisgarh. 2. Director Directorate Of Agriculture, Labhandi, Raipur, District Raipur Chhattisgarh. 3. Joint Director Agricultura Surrguja, Region, Ambikapur, District- Surguja Chhattisgarh. 4. Deputy Director Agriculture Korea, District- Korea Chhattisgarh. 5. Sub Divisional Agriculture Officer Baikunthpur, District Korea Chhattisgarh. ... Respondent(s) For Petitioner : None, in two rounds. For State : Mr. Abhishek Singh, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 25.04 .2026 1. By way of this petition, the petitioner has sought the following relief(s):- “10.1) That, this Hon'ble Court may kindly be pleased to set-aside the order dated 30/12/2021 (Annexure P/01) passed by respondent No. 03 and further grant third time scale pay, as per the circular dated 08.08.2018. SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2026.04.28 11:24:44 +0530 2 10.2) That, this Hon'ble Court may kindly be pleased to issue the direction for the respondent authorities to grant interest on delay payment of benefit of time third scale pay. 10.3) Any other relief which this Hon'ble Court may deem fit and proper also kindly be granted to the petitioner, in the interest of justice.” 2. The petitioner was appointed on the post of Block Development Officer vide order dated 20.03.1982. He was promoted to the post of Senior Block Development Officer vide order dated 15.12.1997. After completion of 30 years of service, he made a representation for grant of 3rd time scale pay as he was already granted 1st and 2nd time scale pay after completion of 20 years of services vide order dated 15.12.2007 and 17.10.2019. The claim of the petitioner for 3rd time scale pay has been rejected on the ground that he was promoted to the post of Senior Block Development Officer vide order dated 15.12.1997 and he has not completed 30 years of service from said date. 3. Learned counsel appearing for respondents/ State would submit that as the petitioner was granted promotion on 15.12.1997, he has not completed 30 years of services from said date, therefore, he is not entitled for 3rd time scale pay. 4. I have heard Mr. Abhishek Singh and perused the documents placed on record. 5. Annexure R/1 dated 28.04.2008 is a circular for grant of time scale pay. Clause 4 specifically states that if a Government servant has been granted 1 , 2 or more than 2 promotion in his service tenure, he will be entitled for time scale pay. In the present case, the claim of the petitioner has been rejected by the Joint Director, Agriculture Division Surguja, Ambikapur on the ground that the petitioner was promoted vide order dated 15.12.1997 and he has not 3 completed 30 years of service from said date. The reason assigned by respondent No. 3 appears to be erroneous and contrary to the circular dated 28.04.2008, accordingly, the order dated 30.12.2021 is hereby quashed. The respondent No. 3 is directed to reconsider the matter and take appropriate decision. The entire exercise shall be completed within a period of 90 days. 6. With the aforesaid observation(s), and direction(s), the instant petition is hereby disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE $iddhant