Madan Lal Sahu, Vs State of Chhattisgarh

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2025:CGHC:47996

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 3950 of 2020

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1 - Madan Lal Sahu, S/o Ganga Ram Sahu, Aged About 61 Years Working As Auditor And Posted At Office Of Commissioner Raipur, Division Raipur District Raipur Chhattisgarh.,

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... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue, Mahanadi Bhawan, Mantralaya New Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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2 - Commissioner Raipur, Division Raipur District Raipur Chhattisgarh. ... Respondent(s)

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For Petitioner(s) : Shri Vinod Kumar Sharma, Advocate. For Respondent(s) : Shri Rajiv Bharat, Govt. Advocate.

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Hon'ble Shri Deepak Kumar Tiwari, J

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Order On Board

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18/09/2025 :

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The petitioner has filed the present Writ Petition challenging the order dated 18.2.2020 (Annexure-P/1) whereby his pay has been reduced on the ground of non-passing of the Hindi Typing Examination.

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Brief facts of the case are that the petitioner was initially appointed as

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LDC on 1.2.1980 and thereafter he was promoted on the post of UDC on

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Digitally signed by KRISHNA KRISHNA KUMAR KUMAR BARVE BARVE Date: 2025.09.24 11:23:07 +0530

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30^th May, 1985. The petitioner was further promoted on the post of Assistant Grade-II (Accountant) on 6^th October, 1986, and on 28.7.2011, he was promoted on the post of Auditor. However, by order dated 10^th July, 2019, recovery of Rs.44,600/- on account of erroneous fixation of pay because of non-passing of Hindi Typing Examination has been ordered with effect from 1.1.1996. The petitioner has challenged the said order by way of filing WPS No.6586/2019 wherein an order has been passed on 2^nd September, 2019 and the recovery was held to be bad in law and accordingly, the said part of the order was set aside, and the State was permitted for rectification after affording proper opportunity of hearing to the petitioner. Thereafter the impugned order dated 18.2.2020 was passed and the pay of the petitioner was reduced from Rs.56,800 to Rs.44,600/- from 1^st July, 2018.

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Learned counsel for the petitioner would submit that the petitioner was never served with any notice about passing of the Hindi Typing Examination, neither there was any condition of passing the said examination in his appointment order. Reduction of pay on the verge of retirement is against the principles of natural justice as also against the principles laid down by the Hon’ble Supreme Court in the matter of State of Punjab and others Vs. Rafiq Masih (White Washer) {(2015) 4 SCC 334}. Reliance is also placed in the matter of J.R. Burman Vs. State of Chhattisgarh & Others {WPS No.2697/2020 decided by this Court on 28.8.2023 : 2023:CGHC:21851}.

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On the other hand, learned State Counsel would support the impugned order on submission that rectification has been done pursuant to the

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liberty granted by this Court in favour of the employer in the earlier round of litigation and also as per the circular issued by the GAD dated 13^th July, 1973, 20^th April, 1974 and 16.1.1992 wherein conditions for making appointment on the post of LDC were mentioned and it was mentioned that regular pay scale should be granted to the employees only after passing of the Hindi Typing Examination. Further vide circular dated 16.1.1992 relaxation has been given to a candidate who had already attained the age of 40 years and not cleared the said examination. Thus the petitioner is entitled for pay fixation only after attaining the age of 40 years and not prior to that. Accordingly pay of the petitioner has been reduced.

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I have heard learned counsel for the parties at length and perused the documents annexed with the writ petition carefully.

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In the appointment order (Annexure-P/2) issued for the post of LDC to the petitioner, there is no stipulation regarding passing of Hindi Typing Examination within a stipulated period and further the respondents have failed to show that in the entire service period, any notice has been served to the petitioner for appearing in such examination as he had categorically made an averment that the department had never granted any opportunity to him, however, only on the ground that the petitioner has failed to pass Hindi Typing Examination, the impugned order has been passed. Apart from that, as submitted by the learned State Counsel, relaxation has been given only to those candidates who have crossed the age of 40 years and, therefore, the petitioner is entitled for pay fixation only after attaining the age of 40 years and not prior to that.

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Considering the entire fact situation of the case, particularly the fact that the petitioner was promoted on various posts and after long lapse of time, such fixation of pay would adversely bear the civil consequences and that no notice was given to the petitioner either at the time of appointment or within a reasonable time for passing the Hindi Typing Examination, therefore, on such score, this Court is of the considered opinion that re-fixation or reduction of pay scale would not be justifiable.

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For the foregoing, the Writ Petition is allowed and the impugned order is hereby set aside and the respondents are directed to restore the pay scale of the petitioner.

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Sd/(Deepak Kumar Tiwari) Judge

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Barve

Madan Lal Sahu, v. State of Chhattisgarh

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Madan Lal Sahu, v. State of Chhattisgarh

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