1 2026:CGHC:18688 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8164 of 2022 1 - Bisun Deo Singh S/o Late Shri Navrang Singh Aged About 60 Years Occupation Service, Working As Headmaster At Government Middle School Fundur Dihari Ambikapur, District Sarguja Chhattisgarh 2 - Dilip Singh S/o Late Shri Tarkeshwar Singh Aged About 60 Years Occupation Service, Working As Headmaster At Government Middle School Mudesa, Ambikapur, District Sarguja Chhattisgarh 3 - Arun Kumar Rai S/o Late Shri Varun Chandra Rai Aged About 58 Years Occupation Service, Working As Headmaster At Government Middle School Navagarh, Ambikapur, District Sarguja Chhattisgarh 4 - Vinod Kumr Tiwari S/o Late Shri Mankeshwar Tiwari Aged About 60 Years Occupation Service, Working As Headmaster At Government Middle School Bhitthikala, Ambikapur, District Sarguja Chhattisgarh 5 - Lallan Prasad Kushwaha S/o Govind Ram Aged About 56 Years Occupation Service, Working As Headmaster At Government Middle School Karaiya, Ambikapur, District Sarguja Chhattisgarh 6 - Moh. Sahid Ansari S/o Shri K. D. Ansari Aged About 55 Years Occupation Service, Working As Headmaster At Government Middle School Saskalo, Ambikapur, District Sarguja Chhattisgarh 7 - Moh. Jalaluddin S/o Moh. Indis Aged About 54 Years Occupation Service, Working As Headmaster At Government Middle School Katkalo, Ambikapur, District Sarguja Chhattisgarh 8 - B. N. Prasad S/o Late Shri Hemraj Ram Aged About 55 Years Occupation Service, Working As Headmaster At Government Middle School Sonpurkala, Ambikapur, District Sarguja Chhattisgarh 9 - Amarnath Ram S/o Late Shri Shiburam Aged About 54 Years Occupation Service, Working As Headmaster At Government Middle School Ambikapur, District Sarguja Chhattisgarh 10 - Smt. Karmela Kujur W/o Abdun Kujur Aged About 53 Years Occupation Service, Working As Headmaster At Government Middle School Saraitikra, District Sarguja Chhattisgarh R/o Kanya Parisar Road, Near Pawan Ata Chakki, Ambikapur 11 - Baldeo Ram Chouhan S/o Abdun Shri Dhani Ram Chouhan Aged About 54 Years Occupation Service, Working As Headmaster At Government Middle -2- School Rakeli, Block Sarguja, District Sarguja Chhattisgarh 12 - Vijay Kumar Yadav S/o Shri Triveni Prasad Yadav Aged About 53 Years Occupation Service, Working As Headmaster At Government Middle School Nawapara Khurd, Block Ambikapur, District Sarguja Chhattisgarh ... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary Tribal Welfare Department Mantralaya Mahanadi Bhawan, Atal Nagar New Raipur, District Raipur, Chhattisgarh 2 - The Commissioner Tribal Welfare Department Raipur, District Raipur Chhattisgarh 3 - The Assistant Commissioner Tribal Welfare Department Ambikapur, District Surguja Chhattisgarh 4 - The Block Education Officer Ambikapur, District Surguja Chhattisgarh ---- Respondents For Petitioners : Mr. Ajay Kumar Barik, Advocate For State : Mr. Anmol Sharma, PL Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 23.04.2026 1. The petitioners have filed this petition seeking following relief : “10.1 That the Hon'ble High Court may kindly be pleased to call for entire records pertaining to the case of petitioner for kind perusal of this Hon'ble Court. 10.2 That the Hon'ble High Court may kindly be pleased to issue writ of mandamus and direct the respondents to give Third Time Scale payment to the petitioners. 10.3 That the Hon'ble High Court has disposed many a number of writs in respect to Third time pay scale. 10.4 Any other relief, which may be deemed, fit by this Hon'ble Court just and proper in the facts and circumstances of the case may also be provided in favour of the petitioner.” 2. Mr. Barik, learned counsel appearing for the petitioners would submit that though the petitioners have completed 30 years of service but they have not been granted benefit of third time scale. He would further submit that as the petitioners are entitled for third time scale, they are ready to bear the loss, if any. 3. On the other hand, learned Panel Lawyer appearing for the State would oppose the submissions. He would submit that if the petitioners are 3 extended the benefit of third time scale, they will get the pay scale of Rs.9300 – 34800/- + grade pay of Rs.4300/- which is lesser than the already existed pay scale. He would refer to para 9 of the return filed by the State and same is reproduced herein below : “9.So far as the reliance placed by the petitioners to the finance direction No. 43/2018 dated 08/08/2018, in this regard it is respectfully submitted that the petitioner has already been extended the benefit of first and second Kramonnati on completion of 12/24 years of service and thereafter got promoted to the post of Head Master Middle School from the post of UDT and finally in the year 2017 were also extended the benefit of first time pay scale with effect from 2005 to 2015. It is respectfully submitted that the benefits of third pay scale cannot be extended to the petitioners as the petitioners are already in the payscale of Rs. 9300-34800 + Grade Pay 4400 (one petitioner was extended the pay scale of Grade Pay Rs. 4300) and if the petitioners are extended the benefit of third pay scale they will get the pay scale of Rs. 9300-34800 + Grade Pay 4300 which is lesser than the already existed pay scale and therefore the benefit of third time pay scale has not been extended to the petitioners. Copy of the Finance Direction No. 43/2018 dated 08/08/2018 alongwith the letter dated 02/09/2025 is annexed herewith as Annexure-R-1.” 4. Learned counsel appearing for the petitioners despite knowledge of the fact that the petitioners may suffer monetary loss if benefit of third time scale is extended, persistently insisted for a direction to the respondent authorities to consider the claim of the petitioners. As the order is being passed, in such premises, the petitioners shall not be at liberty to challenge the subsequent order, if their pay scale is reduced after extending benefit of third time scale. Consequently, the respondent authorities are directed to consider the claim of the petitioners to extend benefit of third time scale. 5. With the aforesaid observation(s)/direction(s), the present petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Rekha