Chattisgarh High Court
Ishwar Lal Yadav vs State Of Chhattisgarh on 12 June, 2025
1
2025:CGHC:23635
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 3862 of 2025
1 - Ishwar Lal Yadav S/o Late Awadh Ram Yadav Aged About 73 Years Retired
Sthal Sahayak, Office Of S.D.O. Jal Sanshadhan Survekshan Sub-Division,
Bilaspur, Water Resources Department, District - Bilaspur Chhattisgarh R/o
Near Sao Dharamshala, Juna Bilaspur, Behind Putri Shala, Bilaspur, P.S. City
Kotwali, District - Bilaspur Chhattisgarh
--- Petitioner(s)
versus
1 - State Of Chhattisgarh Through Secretary, Water Resources Department
Mahanadi Bhawan, Mantralaya, New Raipur District - Raipur Chhattisgarh
2 - State Of Chhattisgarh Through Secretary, Department Of Finance
Mahanadi Bhawan, Mantralaya, New Raipur District - Raipur Chhattisgarh
3 - State Of Chhattisgarh Through Secretary, General Administration
Department Mahanadi Bhawan, Mantralaya, New Raipur District - Raipur
Chhattisgarh
4 - Engineer In Chief Water Resources Department, Indravati Bhawan
Mantralaya Atal Nagar New Raipur, District - Raipur Chhattisgarh
5 - Chief Engineer Hasdev Kachhar, Water Resources Department, Bilaspur,
District - Bilaspur, Chhattisgarh
6 - Executive Engineer Kharang Jal Sanshadhan Division, Bilaspur, Water
Resources Department, District - Bilaspur Chhattisgarh
7 - Joint Director Pension And Account Treasury Department Bilaspur Division,
District Bilaspur Chhattisgarh
... Respondent(s)
(Cause title taken from Case Information System)
For Petitioner : Mr. F.S. Khare, Advocate
For Respondents/State : Mr. Ajit Singh, Govt. Advocate
VEDPRAKASH
DEWANGAN
Hon'ble Shri Justice Ravindra Kumar Agrawal
Order on Board
12/06/2025
Heard.
1. The petitioner has filled this petition seeking the following reliefs:-
"10.1 That this Hon'ble court may kindly be pleased to
allow the writ petition and be pleased to direct the
respondents to remove the anomaly accord in the
service of petitioner.
10.2 That, the Hon'ble Curt may kindly be pleased to
direct the respondents to grant pay scale published in
the Gazette dated 14.10.1982 and also direct to pay
the arrears to the petitioner from him initial date of
appointment.
10.3 That, this Hon'ble court may kindly be call for the
records for its kind perusal which relates to
petitioner's matter.
10.4 Any other relief, which this Hon'ble Court may
deem fit and proper, may also be passed in favour of
the petitioners."
2. Learned counsel appearing for the petitioner 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 petitioner for revision of
his 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 petitioner was earlier working as daily wage
employee and subsequently, his 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
petitioner 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 petitioner file a fresh representation, the
State will consider his 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 petitioner files 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, the writ petition is disposed off.
Sd/-
(Ravindra Kumar Agrawal)
Judge
ved
