Chattisgarh High Court
Kamal Narayan Pande vs State Of Chhattisgarh on 7 July, 2025
1
2025:CGHC:31039
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 6894 of 2025
1 - Kamal Narayan Pande S/o Shivshay Pande Aged About 68 Years A Retired
Employee Of Public Works Department R/o Village Gunderdehi, Post
Gunderdehi, Tehsil Gunderdehi, District Balod C.G.
2 - Nakul Ram Sahu S/o Narayanprasad Sahu Aged About 75 Years A Retired
Employee Of Public Works Department, R/o Village Batrel, Post Batrel, Tehsil
Patan, District Durg C.G.
3 - Hemant Kumar Deshmukh S/o Laxman Singh Deshmukh Aged About 73
Years A Retired Employee Of Public Works Department R/o Village Village
Tikari, Post- Arjunda, Tehsil Gunderdehi, District Balod C.G.
4 - Bhukhanlal Manikpuri S/o Chaturdas Manikpuri Aged About 74 Years A
Retired Employee Of Public Works Department R/o Village Village Arjunda,
Post- Arjunda, Tehsil Arjunda, District Balod C.G.
5 - Vivek Kumar Patel (Legal Heir) S/o Late Kishanlal Patel Aged About 40
Years Son Of The Retired Employee Of Public Works Department R/o Village
Chichbod, Post- Belmand, Tehsil Balod, District Balod C.G.
6 - Smt. Lalita Sahu (Legal Heir) W/o Late Parakh Ram Sahu Aged About 51
Years Widow Of The Retired Employee Of Public Works Department R/o Village
Dhanora, Post Tarri, Tehsil Gurur, District Balod C.G.
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Chief Secretary, Mantralaya, Mahanadi
Bhawan, Atal Nagar, Nawa Raipur, Dist. Raipur C.G.
2 - State Of Chhattisgarh Through The Secretary, General Administration
Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Dist.
Raipur C.G.
3 - State Of Chhattisgarh Through The Secretary, Public Works Department,
Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Dist. Raipur C.G.
4 - State Of Chhattisgarh Through The Secretary, Department Of Finance,
VEDPRAKASH
Accounts And Treasury, Govt. Of Chhattisgarh, Mantralaya, Mahanadi Bhawan,
DEWANGAN
Digitally signed by
VEDPRAKASH
DEWANGAN
Date: 2025.07.08
18:32:17 +0530
2
Atal Nagar, Nawa Raipur, Dist. Raipur C.G.
5 - Engineer-In-Chief, Public Works Department, Nirman Bhavan, North Block
Sector-19, Capitol Complex, Nava Raipur, Atal Nagar Distt. Raipur C.G.
6 - The Executive Engineer, Public Works Department, Division Balod, Distt.
Balod C.G.
7 - The Executive Engineer, Public Works Department, H/m Division Balod,
Distt. Balod C.G.
... Respondent(s)
(Cause title taken from Case Information System)
For Petitioner(s) : Mr. Anand Kumar Kujur, Advocate
For Respondent(s)/State : Mr. S.P. Kale, Additional A.G.
Hon'ble Shri Justice Ravindra Kumar Agrawal
Order on Board
07/07/2025
Heard.
1. The petitioners have filed this petition seeking the following relief(s):-
"(i) That this Hon'ble Court may kindly be pleased to
call for all the records pertaining to the case.
(ii) That, this Hon'ble Court may kindly be pleased to
issue writ/order/direction to the respondent
authorities to grant the benefits of higher pay scale to
the in service petitioners, revise the pension of the
retired petitioners as per the Gazette Notification
dated 14.10.1982.
(iii) That, this Hon'ble Court may kindly be pleased to
issue writ/order/direction to the respondent
authorities to pay arrears of salary and pension to the
petitioners.
(iv) That, this Hon'ble Court may kindly be pleased to
issue writ/order/direction to the respondent
authorities to remove the anomaly occurred in the
service of the petitioners.
(v) That, this Hon'ble Court may kindly be pleased to
issue writ/order/direction similar to the order passed
on 09.06.2025, in WPS No. 3524/2025, directing the
respondent authorities to consider and decide the
fresh representation in the light of the gazette
notification dated 14.10.1982 expeditiously preferably
within a period of six months from the date of
receipt/production of a certified copy of this order.
(vi) That any other relief/order which may be deem fit
and just in the facts and circumstances of the case
may kindly be granted."
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. If the petitioners file a 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 six months from the date of receipt/
production of a certified copy of this order.
5. With the aforesaid observation and direction, the writ petition stands
finally disposed of.
Sd/-
(Ravindra Kumar Agrawal)
Judge
ved
