Citation : 2026 Latest Caselaw 1671 Chatt
Judgement Date : 15 April, 2026
1
2026:CGHC:17053
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
REVP No. 90 of 2026
VISHAKHA
BEOHAR 1 - Vijay Rameshwar Singh Maravi S/o Late Bahadur Singh Aged About
Digitally signed
by VISHAKHA 55 Years (Now Aged About 58 Years), Posted As Lab Technician,
BEOHAR
Resident Of Nutan Colony Quarter No. G-17, Sarkanda, P.S. Sarkanda,
District- Bilaspur (C.G.)
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through- The Secretary, Veterinary Services,
Mantralaya, Atal Nagar, Nawa Raipur (C.G.)
2 - The Director Directorate Of Veterinary Services, Ground Floor
Block-3, Indravaty Bhawan, Atal Nagar, Nawa Raipur (C.G.)
3 - The Joint Director Veterinary Services, Bilaspur, District- Bilaspur
(C.G.)
4 - The Secretary Government Of Chhattisgarh, Finance Department,
Mantralaya, Atal Nagar, Nawa Raipur (C.G.)
... Respondents
(Cause-title taken from the Case Information System)
-----------------------------------------------------------------------------------------------
For Petitioner :- Mr. Bharat Rajput, Advocate
For State :- Mr. D.R. Minj, Dy. A.G.
-----------------------------------------------------------------------------------------------
SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 15.04.2026
1. The present review petition has been filed seeking review/recall of
the order dated 04.12.2025 passed in W.P.(S) No. 5895/2023.
2. The petitioner had earlier filed the aforesaid writ petition seeking
direction to the respondent authorities to consider and decide his
pending representation for grant of revised pay scale as per the
recommendation of D.N. Tiwari Commission and for symbolic
calculation of revised pay scale with effect from 01.01.1996. The
said writ petition was disposed of by this Court vide order dated
04.12.2025 observing that the petitioner has already been
extended the benefit of revised pay scale with effect from
01.01.1996 and, therefore, nothing survived for adjudication.
3. The petitioner has now filed the present review petition contending
that the aforesaid observation is factually incorrect, inasmuch as
the petitioner has only been granted time-bound pay scale
benefits upon completion of 20 and 30 years of service by orders
dated 12.07.2019 and 21.12.2023, and not the revised pay scale
as per the D.N. Tiwari Commission with effect from 01.01.1996. It
is further submitted that the petitioner had submitted
representations (Annexure RJ/2) for symbolic fixation of pay from
01.01.1996, which, vide communication dated 15.02.2024
(Annexure RJ/3), was forwarded by the Joint Director, Veterinary
Services, Bilaspur to the Joint Director, Treasury, Accounts &
Pension, Bilaspur for consideration, but the same has not been
decided till date.
4. Learned counsel for the petitioner submits that there is an
apparent error on the face of the record in the order dated
04.12.2025, as this Court proceeded on the premise that the
benefit of revised pay scale had already been granted to the
petitioner, whereas in fact no such benefit has been extended. It is
further submitted that the grievance of the petitioner was limited to
consideration of his pending representation, which still remains
undecided.
5. Per contra, learned State counsel supports the earlier order but
does not dispute that the representation of the petitioner, as
referred to in communication dated 15.02.2024, is still pending
consideration before the competent authority.
6. I have heard learned counsel for the parties and perused the
record.
7. The scope of review jurisdiction is limited; however, it is well
settled that where there is an error apparent on the face of the
record or where a material fact has been overlooked, the Court
would be justified in exercising its review jurisdiction.
8. In the present case, this Court, while passing the order dated
04.12.2025, proceeded on the basis that the petitioner has
already been granted the benefit of revised pay scale with effect
from 01.01.1996. From the material now placed on record, it is
evident that the petitioner has only been granted time-bound pay
scale benefits and not the specific benefit as per the
recommendation of the D.N. Tiwari Commission from 01.01.1996,
which forms the core grievance of the petitioner. It is also not in
dispute that the petitioner's representation, which was forwarded
to the competent authority vide communication dated 15.02.2024,
is still pending consideration. Thus, it is apparent that a material
aspect of the matter, namely, the pendency of the petitioner's
representation and the actual nature of benefits granted, was not
properly considered at the time of disposal of the writ petition.
9. In such circumstances, this Court is of the considered opinion that
an error apparent on the face of the record has crept into the
order dated 04.12.2025, warranting interference in review
jurisdiction.
10. Accordingly, the review petition is allowed. The order dated
04.12.2025 passed in W.P.(S) No. 5895/2023 is hereby recalled.
The respondent No. 3 -- Joint Director, Treasury, Accounts &
Pension, Bilaspur -- is directed to consider and decide the
petitioner's pending representations (Annexure RJ/2), in light of
communication dated 15.02.2024 (Annexure RJ/3), strictly in
accordance with law, by passing a reasoned and speaking order,
within a period of 90 days from the date of receipt of a certified
copy of this order.
11. It is made clear that this Court has not expressed any
opinion on the merits of the petitioner's claim.
sd/-
(Amitendra Kishore Prasad) Judge
Vishakha
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