Petitions filed by six scientists seeking the revised pay scale applicable to their posts, relying on the judgment of the Madhya Pradesh High Court in identical matters. The court directed the respondent authorities to decide the claim within 90 days.
Ordered the respondent no.2 & 3 to take a decision on the claim for revised pay scale within 90 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
Writ Petition (S) No. 3061 of 2022
1. Dr. K. R. Sahu S/o Sundan Sahu Aged About 48 Years R/o IGKV, KVK, Balod, District : Balod, Chhattisgarh
2. Dr. S.K. Verma S/o C.P. Verma Aged About 51 Years R/o IGKV, KVK, Mahasamund,, District : Mahasamund, Chhattisgarh
3. Dr. R.L. Sharma S/o R.C. Sharma Aged About 48 Years R/o IGKV, KVK, Mungeli, District Mungeli Chhattisgarh.
4. Dr. S.S. Chandravanshi S/o A.R. Chandravanshi Aged About 56 Years R/o IGKV, KVK, Raipur, District : Raipur, Chhattisgarh
5. Dr. Birbal Sahu S/o Gallu Ram Sahu Aged About 50 Years R/o IGKV, KVK, Kanker,, District : Kanker, Chhattisgarh
---Petitioner(s)
Versus
1. State of Chhattisgarh Through Secretary, Agriculture Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar, Nawa Raipur,, District : Raipur, Chhattisgarh
2. Indira Gandhi Krishi Vishwavidyalaya Raipur, Through Its Registrar, Indira Gandhi Krishi Vishwaviyalaya, Krishak Nagar, Raipur, District Raipur Chhattisgarh.
3. Registrar Indira Gandhi Krishi Vishwavidyalaya, Krishak Nagar, Raipur, District Raipur Chhattisgarh.
---Respondents
For Petitioners : Shri Anurag Singh, Advocate. For Respondent/State : Shri Avinash Singh, Panel Lawyer. For Respondents 2&3 : Shri Shashank Thakur, Advocate.
Hon'ble Shri Justice P. Sam Koshy Order on Board
02.05.2022
1. The grievance of the petitioners in the present writ petition seems to be the inaction on the part of the respondents no.2 & 3 so far as refusing the pay scale payable to the petitioners working on the post of Senior Scientist and Head under the respondent no.2 & 3.
2. Learned counsel for the petitioners submits that claim of the petitioners was for the revised pay scale that was applicable but in terms of the instructions issued from the Ministry of Human Resource Development, Government of India dated 31.12.2008 which in turn was taken in the light of the instructions and guidelines issued by the University Grants Commission.
3. Learned counsel for the petitioners submits that an identical issue came up for hearing before the Madhya Pradesh High Court in WPS 6336/2012 and WPS No.1717/2013 and Madhya Pradesh High Court has allowed the
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claim of the two petitioners therein vide judgment dated 31.10.2018. That in due course of time the said judgment has also been implemented and relief has been extended to not only those petitioners but also to all similarly placed persons in the Department. Learned counsel for the petitioners pray for an identical relief in respect of the petitioners also. He further submits that petitioners have already approached respondent no.2 & 3 by repeated representations highlighting the judgment of the M.P. High Court and the implementation of the same in the University of the State of Madhya Pradesh. However, respondent no.2 & 3 till date have not taken any decision and he prays for appropriate suitable direction to the respondent no.2 & 3 in this regard.
4. Learned counsel for respondent no.2 & 3 submits that since the matter has already been seized by the respondent no.2 & 3, the concerned Authorities would be taking a decision on its own merits in accordance with law at the earliest. While deciding they would also consider the judgment of the M.P. High Court as also the instructions issued by the Government of India dated 31.12.2008, Department of Higher Education, Ministry of Human Resource and Development.
5. Given the said submissions by the counsel for the parties, the writ petition as of now stands disposed of directing the respondent no.2 & 3 to take appropriate decision so far as claim of the petitioners for extending of the benefits of revised pay scale in terms of the Government of India instructions and also the guidelines framed by the UGC and which has been already implemented to the corresponding post holder in the State of Madhya Pradesh by virtue of the judgment of the M.P. High Court in the two judgments referred to in the preceding paragraphs.
6. Let an appropriate decision in this regard be taken within an outer limit of 90 days from the date of receipt of copy of this order.
7. With the aforesaid direction, the writ petition stands finally disposed off.
Sd/(P. Sam Koshy) Judge
inder
2 issues framed by the court
Whether the petitioners are entitled to the revised pay scale applicable to Senior Scientists and Heads under the UGC and Ministry of HRD guidelines.
Whether the State authorities are directed to implement the benefits granted to similarly placed employees in Madhya Pradesh within a specific timeframe.
Colour shows how this judgement treated each authority
Judgment of the Madhya Pradesh High CourtReferred¶21
WPS 6336/2012 & WPS No.1717/2013
Dr. K. R. Sahu
Dr. S.K. Verma
Dr. R.L. Sharma
Dr. S.S. Chandravanshi
Dr. Birbal Sahu
State of Chhattisgarh Through Secretary, Agriculture Department
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
