Citation : 2026 Latest Caselaw 277 Chatt
Judgement Date : 10 March, 2026
1/6
2026:CGHC:11328
NAFR
PAWAN
KUMAR
JHA HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally
signed by
PAWAN
KUMAR JHA
WPS No. 2258 of 2026
Shiv Kumar Singh S/o Shri Gajadhar Singh Aged About 66 Years Retired Field
Assistant, Public Health Engineering Division, Rajnandgaon, R/o Ward No. 22,
Thakur Gali, Deewan Para, District- Rajnandgaon, Chhattisgarh - 491441
--- Petitioner(s)
versus
1 - The State Of Chhattisgarh Through The Chief Secretary, Government Of
Chhattisgarh, Mantralaya, Mahanadi Bhawan, Naya Raipur, District- Raipur
Chhattisgarh 492002
2 - The State Of Chhattisgarh Through The Secretary, General Administration
Department, Government Of Chhattisgarh, Mantralaya Mahanadi Bhawan, Naya
Raipur, District- Raipur, Chhattisgarh 492002
3 - The State Of Chhattisgarh Through The Secretary, Public Health Engineering
Department, Government Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Naya
Raipur, District- Raipur, Chhattisgarh 492002
4 - The Engineer In Chief Public Health Engineering Department, Indravati Bhawan,
Nawa Raipur, Atal Nagar, District- Raipur, Chhattisgarh 492002
5 - The Chief Engineer Public Health Engineering Department, Raipur Zone,
Chhattisgarh.
6 - The Superintending Engineer Public Health Engineering Department, Circle-
Durg Circle, Chhattisgarh.
7 - The Executive Engineer Public Health Engineering Department, Division
Rajnandgaon, Chhattisgarh.
--- Respondent(s)
Ankalu Das Manikpuri S/o Late Ramdas Manikpuri Aged About 76 Years Retired Field Assistant Public Works Division, Khairagarh, R/o House No. 317, Khutapara Ward No. 1, Dongargarh District Rajnandgaon Chhattisgarh 491445
---Petitioner(s)
Versus 1 - The State Of Chhattisgarh Through The Chief Secretary, Government Of Chhattisgarh, Mantralaya, Mahanadi Bhavan, Naya Raipur, District Raipur Chhattisgarh 492002 2 - The State Of Chhattisgarh Through The Secretary, General Administration Department, Government Of Chhattisgarh, Mantralaya, Mahanadi Bhavan, Naya Raipur, District Raipur Chhattisgarh 492002 3 - The State Of Chhattisgarh Through The Secretary, Public Works Department, Government Of Chhattisgarh, Mantralaya, Mahanadi Bhavan, Naya Raipur, District Raipur Chhattisgarh 492002 4 - The Engineer In Chief Public Works Department, Nirman Bhawan, North Block, Sector-19, Capitol Complex, Nava Raipur Atal Nagar, District Raipur Chhattisgarh 492002 5 - The Executive Engineer Public Works Department (B And R), Khairagarh Division, Chhattisgarh 6 - The Sub Divisional Officer Public Works Department (B And R), Sub Division Dongargarh Chhattisgarh
--- Respondent(s)
Rameshwar Singh Chandel Retired Field Assistant, Public Health Engineering Division, Rajnandgaon, S/o Late Dhruv Singh, Aged About 70 Years, R/o Mamta Nagar Road Purv Bhag, Gali No. 3, Tulsipur Ward No. 16, Tehsil And District Rajnandgaon, Chhattisgarh- 491441
---Petitioner(s) Versus 1 - The State Of Chhattisgarh Through The Chief Secretary, Government Of Chhattisgarh, Mantralaya, Mahanadi Bhavan, Naya Raipur, District Raipur Chhattisgarh 492002 2 - The State Of Chhattisgarh Through The Secretary, General Administration Department, Government Of Chhattisgarh, Mantralaya, Mahanadi Bhavan, Naya Raipur, District Raipur Chhattisgarh 492002 3 - The State Of Chhattisgarh Through The Secretary, Public Health Engineering Department, Government Of Chhattisgarh, Mantralaya, Mahanadi Bhavan, Naya Raipur, District Raipur Chhattisgarh 492002
4 - The Engineer In Chief Public Health Engineering Department, Indravati Bhavan, Nawa Raipur Atal Nagar, District Raipur Chhattisgarh- 492002 5 - The Chief Engineer Public Health Engineering Department, Raipur Zone, Chhattisgarh 6 - The Superintending Engineer Public Health Engineering Department, Circle- Durg Circle, Chhattisgarh 7 - The Executive Engineer Public Health Engineering Department, Division Rajnandgaon, Chhattisgarh
--- Respondent(s)
Vipin Deshkar S/o Late Narayan Rao Deshkar Aged About 63 Years Retired Field Assistant, Public Health Engineering Division, Rajnandgaon, R/o Behind High School, Radhika Nagar, Dongargarh, District- Rajnandgaon, Chhattisgarh - 491445
---Petitioner(s) Versus
1 - The State Of Chhattisgarh Through The Chief Secretary, Government Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Naya Raipur, District- Raipur, Chhattisgarh 492002 2 - The State Of Chhattisgarh Through The Secretary, General Administration Department, Government Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Naya Raipur, District- Raipur, Chhattisgarh 492002 3 - The State Of Chhattisgarh Through The Secretary, Public Health Engineering Department, Government Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Naya Raipur, District- Raipur, Chhattisgarh 492002 4 - The Engineer In Chief Public Health Engineering Department, Indravati Bhawan, Nawa Raipur, Atal Nagar, District- Raipur, Chhattisgarh 492002 5 - The Chief Engineer Public Health Engineering Department, Raipur Zone, Chhattisgarh.
6 - The Superintending Engineer Public Health Engineering Department, Circle- Durg Circle, Chhattisgarh.
7 - The Executive Engineer Public Health Engineering Department, Division, Rajnandgaon, Chhattisgarh.
... Respondents
For Petitioners : Mr. Ashwin Panickar, Advocate For Respondents- State : Ms. Shailja Shukla, Govt. Advocate, Mr. Lav
Sharma, Panel Lawyer, Ms. Shakshi Bajpai, Panel lawyer
S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 10/03/2026
1. As the common reliefs have been sought in all these writ petitions, they
are heard together and disposed of by this common order.
2. For the sake of convenience of this Court, WPS No. 2258 of 2026 is
taken as lead case, in which petitioner sought following reliefs:-
"10.1 The Hon'ble Court may call for records from the respondents.
10.2 The Hon'ble Court may direct the respondents to grant the benefits of higher pay scale to the period of service of petitioner and revise the pension of the petitioner as per the gazette notification dated 14.10.1982. 10.3 The Hon'ble Court may direct the respondents to pay arrears of salary and pension to the petitioner.
10.4 The Hon'ble Court may direct the respondents to remove the anomaly in the service of the petitioner.
10.5 The Hon'ble Court may kindly be pleased to issue writ/order/direction similar to the order passed on 09.06.2025 in WPS/3524/2025 directing the respondent authorities to consider and decide fresh representation in the light of 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.
10.6 The Hon'ble Court may grant cost of petition to the petitioner.
10.7 The Hon'ble Court may grant any other relief as this Hon'ble Court deem fit and proper in the nature and circumstances of the present case in the interest of justice."
3. Learned counsel for petitioners submits that in similarly situated facts
and the question of law, a batch of the writ petitions, 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, these petitions
may also be disposed off 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.
4. 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, they submit that if the petitioners submit
fresh representations, the concerned authorities shall consider their
case in light of the notification as mentioned herein above.
5. On due consideration of the submissions made by learned counsel for
the respective parties, these petition are disposed of directing the
petitioners to file fresh representations before the competent authority,
and in the event such representations are filed, the concerned
competent authority shall consider and decide the same in light of the
aforesaid notification, in accordance with law, expeditiously preferably
within a period of 06 months from the date of receipt/production of a
certified copy of this order.
6. With the aforesaid observation and direction, this writ petitions are
disposed of.
Certified copy as per rules.
Sd/-
(Parth Prateem Sahu) Judge pwn
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