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2026 DAILYLAW 7873 (CHH)

DR. PHOOL DAS MAHANT v. THE STATE OF CHHATTISGARH

WPS/3064/2026 · 2026-04-19

Shri Parth Prateem Sahu

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Judgment text

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1 2026:CGHC:17964 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3064 of 2026 1 - Dr. Phool Das Mahant S/o Late Shri Ghurbindas Mahant Aged About 65 Years Occupation Service, Assistant Professor In Hindi Naveen Govt. College Sakri District- Bilaspur (C.G.) --- Petitioner(s) versus 1 - The State Of Chhattisgarh Through Principal Secretary, To The Department Of Higher Education Mahanadi Mantralaya, Naya Raipur, Post Office And Police Station Naya Raipur, District- Raipur (Chhattisgarh) 2 - The State Of Chhattisgarh Through Secretary, Department Of Finance, Mahanadi Mantralaya, Naya Raipur, Post Office And Police Station Naya Raipur, District- Raipur (Chhattisgarh) 3 - The Commissioner, Department Of Higher Education Government Of Chhattisgarh Indrawati Bhawan, Naya Raipur, District- Raipur (C.G.) 4 - The Joint Director, Treasury , Account And Pension , Bilaspur Division Bilaspur, District- Bilaspur (C.G.) 5 - The Principal Accountant General (Audit) Chhattisgarh Raipur, Zero Point Post Vidansabha District- Raipur (C.G.) -492005 6 - The Principal , Naveen Govt. College Sakri District- Bilaspur (C.G.) ... Respondents (Cause title is taken from CIS system) BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN 2 For Petitioner : Mr. Dhaniram Patel, Advocate For Res./State : Ms. Poorva Tiwari, P.L. S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 20.04.2026 1. Learned counsel for petitioner submits that petitioner along with others have filed writ petition bearing WPS No. 785 of 2015 and other connected matters, which were allowed and following orders was passed :- “14. In view of the above, all the writ petitions stand allowed. The State Government shall consider the case of all the petitioners/emergency appointees for grant of Senior Pay Scale/Selection Grade Pay Scale by treating the services rendered by them from the initial date of appointment as regular appointment for the purpose of conferring the benefit of Senior Pay Scale and Selection Grade Pay Scale. Needless to say, in view of the above order, the order impugned cannot be given effect to by the State Government of Chhattisgarh.” 2. Against the order passed in writ petitions, in particular WPS No. 785 of 2015 (of petitioner) along with other petitioners, State Government has preferred writ appeals which came to be dismissed vide order dated 06.01.2016 as also the review petition came to be dismissed. He also contended that against the order passed in writ appeals, State Government has also preferred SLP bearing SLP (C) Diary No. 1507 of 2020, which came to be dismissed on the ground of delay vide order dated 27.01.2020. State Government thereafter has preferred 3 review application, which also came to be dismissed on 14.07.2020 in R.P. (C) No.1233 of 2020 by Hon’ble Supreme Court. It is also contended that respondent/State thereafter has preferred application seeking clarification in SLP (C) No. 1507 of 2020, which also came to be dismissed vide order dated 29.10.2020 and thereafter again State/respondents have filed curative petition bearing Curative Petition (C) No. 263 of 2020, which came to be dismissed vide order dated 25.08.2022. He submits that while issuing the order in favour of petitioner regularizing the service, State Government has specifically mentioned that the order will be subject to outcome of the curative petition. Now as the curative petition has been decided, therefore, petitioner is entitled for all the benefit as being extended to all similarly situated employees, who have also filed petition and decided along with writ petition filed by petitioner. 3. Learned State counsel submits that reply is still awaited. She however, submits that petitioner has straightaway filed this writ petition without submitting representation before the authorities. 4. In the aforementioned facts of the case, wherein the issue involved is already crystallized with regard to claim of petitioner and further the order issued in favour of petitioner has been made subject to outcome of the curative petition and curative petition filed by the State Government before the Hon’ble Supreme Court came to be dismissed vide order dated 25.08.2022 I find it appropriate to dispose of this writ petition at this stage, permitting petitioner to submit comprehensive representation along with all supporting documents and in the event petitioner submits such representation, concerned authorities shall 4 consider and take decision on the same and extend all the benefits to petitioner as given to other similarly placed employees in accordance with law expeditiously preferably within further period of six weeks from the date of receipt of representation. 5. With the aforesaid observations and directions, this petition stands disposed of. Sd/- Sd/- (Parth Prateem Sahu) Judge Balram