Chattisgarh High Court
Ganpat Lal Choudhary vs State Of Chhattisgarh on 21 April, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WA No. 201 of 2022
1. Ganpat Lal Choudhary S/o Than Singh Choudhary Aged About 57
Years Working As Accountant, Block Education Office, Gharghoda,
District Raigarh Chhattisgarh.
2. Rajan Deo Mahant S/o Ravi Das Mahant Aged About 42 Years
Working As Assistant Grade -Iii, Block Education Office,
Gharghoda, District Raigarh Chhattisgarh.
---- Appellants
Versus
1. State of Chhattisgarh Through Secretary General Administration
Department, Mantralaya Mahanadi Bhawan, Nava Raipur, Atal
Nagar, District Raipur Chhattisgarh.
2. Secretary, Tribal And Welfate Department, Mantralaya, Mahanadi
Bhawan, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh.
3. Assistant Commissioner, Tribal And Welfate Department, Raigarh,
District Raigarh Chhattisgarh.
4. Block Education Officer, Gharghoda, District Raigarh Chhattisgarh.
---- Respondents
(Cause-title taken from Case Information System)
For Appellants : Mr. C. Jayant K. Rao, Advocate
For Respondents : Mrs. Astha Shukla, Government Advocate
Hon'ble Shri Arup Kumar Goswami, Chief Justice
Hon'ble Shri Rajendra Chandra Singh Samant, Judge
Judgment on Board
Per Arup Kumar Goswami, Chief Justice
21.04.2022
Heard Mr. C. Jayant K. Rao, learned counsel for the appellants.
Also heard Mrs. Astha Shukla, learned Government Advocate, appearing
for the respondents.
2. This writ appeal is presented against an order dated 15.09.2021
passed by the learned Single Judge in WPS No.3335 of 2013, dismissing
the writ petition, by which the petitioners, two in number, had prayed for
directing the respondents to consider recommendations of the High
Power Committee and to grant higher / proper pay scale within the
time-frame as may be considered appropriate by this Court.
3. The appellant No.1 is working as an Accountant in the Tribal
Welfare Department and the appellant No.2 is working as Assistant
Grade-III in the same Department.
4. An association of employees along with office bearers had filed an
application before the Madhya Pradesh Administrative Tribunal, Jabalpur
(for short, 'Tribunal'), which, according to the petitioners, was registered
as T.A. No.1252/88.
5. Copy of the order of the Tribunal annexed by the appellants in the
writ petition is hardly legible.
6. Mr. C. Jayant K. Rao, learned counsel for the appellants submits
that there is anomaly in the pay scale in respect of the clerical cadre in
the State Government and in the context of above grievance expressed,
the Tribunal, vide order dated 25.06.1994, observed that a High Power
Committee should be set up to look into the grievance of the clerical
workers in respect of pay scale and other facilities.
7. Subsequent thereto, pursuant to the aforesaid observation, a single
member committee of Dr. D.N. Tiwari was set up, which made certain
recommendations on 05.06.2009.
8. The grievance expressed in the writ petition was that the
recommendations made by the committee have not been implemented.
9. In the return filed by the State, at paragraphs - 3 to 6, it is stated as
follows :
"3. It is respectfully submitted that the State Government
has received representations from the employees Unions
as well as individual employees with respect to the
anomalies in the pay scales. After taking into
consideration of the aforesaid representation submitted by
the employees Unions as well as individual employees,
the State Government constituted a single member
committee under the Chairmanship of Dr. D.N. Tiwari, Vice
Chairman, Planning Board, Chhattisgarh on 30/04/2008.
The said Single Member Committee submitted its
recommendation on 05/06/2009. It is respectfully
submitted that before submissions of recommendation of
the Committee, the State Government, vide order dated
23/03/2009, made applicable the Chhattisgarh Pay
Revision, 2009 (6th Pay Commission) for its employees
with effect from 01/01/2006.
4. It is submitted that in order to examine the
recommendations made by the Single Member Committee
(Dr. D.N. Tiwari Committee), the State Government, vide
order dated 10/08/2009, constituted a high level
committee consisting of the Senior Secretaries of the
State Government at Additional Chief Secretary, Principal
Secretaries, Secretaries level. Copy of the order dated
10/08/2009 is being filed as Annexure R/1. The said High
level Committee of the Senior Secretaries has examined
the recommendation made by the Single Member
Committee (Dr. D.N. Tiwari) in a thread bare manner. The
Single Member Committee (Dr. D.N. Tiwari) has
recommended for grant of higher pay scale of Rs.4000-
6000 for the post of Assistant Grade III in place of 3050-
4590/- with effect from 01/04/2006. It is submitted that the
High Level Committee of Secretaries, vide its
recommendation, has disapproved the recommendation
made by the Single Member Committee (Dr. D.N. Tiwari)
for increasing the pay scale of Assistant Grade II on the
ground that since the field and nature of work of the cadre
of Assistant Grade II than other cadres is different and
time to time, the revised pay scales have also been given
as per the recommendation of the Commission and
Committees. So far as the comparison of the post of
Assistant Grade III from the post of Assistant Teacher is
concerned, since for the post of Assistant Teacher, the
B.T.I is essential qualification, but, the qualification of the
post of Assistant Grade III is below the qualification of the
post of Assistant Teacher and there is no discrimination in
the pay scale of Assistant Grade III and the pay scale of
Assistant Teacher and the Committee consisting of
Secretaries has also disapproved the recommendation
made by the Single Member Committee (Dr. D.N. Tiwari)
for revision of the present pay scale of the post of
Assistant Grade III and for this reason, the high level
committee has disapproved the recommendation made by
the Single Member Committee (Dr. D.N. Tiwari) for
increasing the pay scale of Assistant Grade III. Copy of
the relevant page of the recommendation of the High
Level Committee with regard to the post of Assistant Grate
III is being filed as Annexure R/2. Similarly the Single
Member Committee (Dr. D.N. Tiwari) has recommended
for grant of higher pay scale of Rs.5000-8000 for the post
of Accountant in place of Rs.4000-6000/- with effect from
01/04/2006 subject to passing of account training
examination. It is submitted that the High Level Committee
of Secretaries, vide its recommendation, has disapproved
the recommendation made by the Single Member
Committee (Dr. D.N. Tiwari) for increasing the pay scale of
Accountant on the ground that as per the recommendation
of the Bramhaswaroop committee that pay scale of the
post of Accountant has been fixed as Rs.4000-6000/- and
even in all the departments, the said post is to be
sanctioned equally as Accountant and is also to be treated
as part of the cadre of Assistant Grade II and therefore,
the committee consisting of Secretaries has also
disapproved the recommendation made by the Single
Member Committee (Dr. D. N. Tiwari) for revision of the
present pay scale of the post of the Accountant. Copy of
the relevant page of the recommendation of the High
Level Committee with regard to the post of Accountant is
being filed as Annexure R/3.
5. It is further respectfully submitted that the State
Government, after receiving the report from the High Level
Committee, has passed the final order on 22/07/2011 by
which the pay scale of the following posts i.e. System
Analyst, Computer Programmer, Assistant Programmer,
Assistant Superintendent (Head Office), Data Entry
Operator, Vehicle Driver (Heavy Vehicle) and Spot
Assistant (Time Keeper) have been re-fixed. Copy of the
order dated 22/07/2011 is being filed Annexure R/4.
6. That, thus, in the light of the narrations made in the
preceding paragraphs, it is apparent that since the High
Level Committee constituted by the State Government
has disapproved the recommendation made by the Single
Member Committee (Dr. D.N. Tiwari) for increasing the
pay scale of Assistant Grade II vide its recommendation
(Annexure R/2) and therefore, the petitioner is not at all
entitled for any higher pay scale as per the
recommendation made by the Single Member Committee
(Dr. D.N. Tiwari). Hence, the instant petition is devoid of
merit and substance and accordingly deserves to be
dismissed outrightly."
10. A perusal of the above would go to show that after receipt of the
recommendations made by Dr. D.N. Tiwari committee, a further
committee was set up to consider the recommendations made by Dr.
D.N. Tiwari committee. The recommendations made by Dr. D.N. Tiwari
committee in respect of the appellants did not find favour of such
committee. After receipt of the report of the High Power Committee,
consisting of five member and which include Additional Chief Secretary,
Principal Secretary and the Secretary, an order dated 22.07.2011 was
passed by the State re-fixing the pay scale of certain categories of
employees.
11. It is also relevant to note that before the single member committee
of Dr. D.N. Tiwari has submitted its recommendation on 05.06.2009, the
State Government, vide order dated 23.03.2009, had made applicable
the Chhattisgarh Pay Revision Rules, 2009 (6th Pay Commission) for its
employees w.e.f. 01.01.2006.
12. The learned Single Judge, at paragraphs - 2 and 3 observed as
follows :
"2. Mr. Sunil Otwani, learned State counsel, would
submit that after the recommendation of single
member committee of the Dr. D. N. Tiwari
Committee regarding the enhancement of pay
scale, the State Government constituted a high
level committee consisting of the Senior
Secretaries, which is a multi member committee
and the matter was referred to the said
Committee and the Committee has given its
recommendation vide AnnexureR/2 & R/3, and it
has not accepted the recommendation of Dr. D.
N. Tiwari Committee, which the Government has
also accepted and passed the final order dated
22.07.2011 (Annexure-R/4), as such the
recommendation of Dr. D. N. Tiwari Committee
cannot be accepted and no direction can be
issued, as the recommendation of Dr. D. N.
Tiwari Committee has already been superseded by the
Committee of Secretaries appointed by the
Government.
3. Since the State Government has passed the
order dated 22.07.2011 (Annexure-R/4) and the
revised pay scale has been directed to be
granted as per the order dated 22.07.2011, the
recommendation of Dr. D. N. Tiwari Committee
cannot be directed to be given effect by way
of this writ petition."
13. On a query of the Court as to whether the Accountant and Assistant
Grade-III in any other Department of the State of Chhattisgarh is placed
on higher pay scale, Mr. Rao submits that all the employees working in
the post of Accountant and Assistant Grade-III in the State of
Chhattisgarh are enjoying the very same pay scale.
14. Having regard to the nature of dispute raised by the appellants, we
are of the considered opinion that no interference is called for with the
order of the learned Single Judge and consequently, the writ appeal is
dismissed. No cost.
Sd/- Sd/-
(Arup Kumar Goswami) (Rajendra Chandra Singh Samant)
Chief Justice Judge
Anu
