Rajesh Kumar Tiwari Vs State of Chhattisgarh

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CGHC010221802023

2026:CGHC:28200

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 5245 of 2023

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Rajesh Kumar Tiwari S/o - Late Sudarshan Lal Tiwari Aged About 62 Years R/o - Officers Colony, Sector- 17, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

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... Petitioner

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versus

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1 - State Of Chhattisgarh Through The Secretary Social Welfare Department Ministry, Mahanadi Bhawan, Nawa Raipur, District : Raipur, Chhattisgarh

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2 - Under Secretary Social Welfare Department Ministry, Mahanadi Bhawan, Nawa Raipur, District : Raipur, Chhattisgarh

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3 - Additional Secretary Social Welfare Department Ministry, Mahanadi Bhawan, Nawa Raipur, District : Raipur, Chhattisgarh

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... Respondents

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For Petitioner : Mr. Sibasish Mishra, Adv. on behalf of Mr. Mateen Siddiqui, Adv.

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For Respondents : Mr. Mayoor Khandelwal and Mr. Arpit Agrawal, Pls.

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Hon'ble Shri Justice Naresh Kumar Chandravanshi

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Order On Board

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6-7-2026

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1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India seeking the following reliefs:-

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"10.1 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to grant the petitioner the benefit of the Third Time Scale Pay in terms of the Circular dated 08.08.2018 (Annexure P-8), along with interest @ 6% per annum.

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10.2 That, this Hon'ble Court may further be pleased to grant such other writ(s), order(s) or direction(s) as may be deemed fit and proper in the facts and circumstances of the case, including the costs of this petition."

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2. Briefly stated, the facts of the case, as projected in the writ petition, are that the petitioner was initially appointed as an Orthotic Engineer in the District Rehabilitation Centre, Bilaspur (C.G.), on an adhoc basis for a period of six months in the pay scale of Rs. 2650-4200 vide order (Annexure P-2) dated 02-021990, issued by the Social Welfare Department, Government of Madhya Pradesh. Upon completion of the said period of six months, his tenure was extended for a further period of six

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months on the same post and in the same pay scale vide order (Annexure P-3) dated 14-09-1990.

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2.1 Thereafter, vide order (Annexure P-4) dated 10-101991, the petitioner's tenure was extended from February, 1991 to 29-02-1992 but on reduced pay scale of 2000-3500. Subsequently, vide order dated 31-03-1993 (Annexure P-3), he was appointed on contractual basis from 01-03-1992 to 28-021994 in the reduced pay scale of Rs. 2000-3500.

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2.2 It is further the case of the petitioner that, being aggrieved by the reduction in his pay scale, he approached the M.P. State Administrative Tribunal, Jabalpur (henceforth referred to as ‘Tribunal’). The Tribunal, vide order dated 16-06-1997, held that the petitioner was entitled to the pay scale of Rs. 2650-4200, which he had been drawing from the date of his initial appointment. The Tribunal further directed that the said pay scale be treated as the regular pay scale applicable to the petitioner from the date of his initial appointment. In compliance with the said order, the respondents issued order dated 03-11-1998 (forming part of Annexure P-4), whereby the petitioner was granted the regular pay scale of Rs. 2650-4200 with effect from 02-02-1990, i.e., the date of his initial appointment. Consequently, the petitioner has been treated as working in the regular pay scale since 1990, and vide order (Annexure P-5) dated 16-11-1998, pay benefits were also granted in his favour accordingly. Thereafter,

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vide order (Annexure P-7) dated 23-12-2017, the petitioner was promoted to the post of Joint Director in the revised pay scale of Rs. 15,600-39,100 with Grade Pay of Rs. 7,600. The Finance Department, Government of Chhattisgarh, issued Circular No. 401/L 2018-71-00727/Finance/Rule/4 dated 08-08-2018, providing for grant of the Third Time Scale Pay to Government servants on completion of 30 years of service, subject to fulfillment of the conditions prescribed therein. Thereafter, on the representation filed by the petitioner, vide order (Annexure P-10) dated 30-102019, the petitioner's services were regularized with effect from the date of his initial adhoc appointment, i.e., 02-02-1990.

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2.3 The petitioner thereafter submitted a representation dated 24-11-2020 before the Secretary, Government of Chhattisgarh, Social Welfare Department, Nava Raipur, seeking grant of the Third Time Scale Pay on the ground that he had completed 30 years of service. Since no decision was taken on the said representation, the petitioner preferred WPS No. 2983 of 2022, which was disposed of vide order (Annexure P-12) dated 27-04-2022 directing the respondents to consider and decide the petitioner's claim for grant of the Third Time Scale Pay in accordance with the Circular dated 08-08-2018. Pursuant thereto, the petitioner submitted another representation dated 02-05-2022, which came to be rejected by the respondents by order Annexure P-1. The petitioner thereafter retired from service on 30-06-2023.

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Hence, he has filed present writ petition for grant of 3^rd time pay scale.

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3. Learned counsel for the petitioner submits that the petitioner was initially appointed on 02-02-1990 on an adhoc basis as an Orthotic Engineer in the pay scale of Rs. 2650-4200, and his tenure was extended from time to time. However, vide orders dated 10-10-1991 and 31-03-1993, although his tenure was extended, his pay scale was reduced to Rs. 2000-3500. Aggrieved thereby, the petitioner approached the M.P. State Administrative Tribunal, which held that he was entitled to the original pay scale of Rs. 2650-4200 from the date of his initial appointment. In compliance with the Tribunal's order, the respondents restored the petitioner's pay scale with effect from 02-02-1990, and vide order (Annexure P-5)dated 16-11-1998, pay benefits were also granted accordingly. Thereafter, in the year 2017, the petitioner was promoted to the post of Joint Director. Learned counsel further submits that, on the representation filed by the petitioner, in the light of the Tribunal's order dated 16-061997 passed in Petition No. 1037/1993, the respondents issued order dated 30-10-2019 (Annexure P-10), whereby the petitioner's services were regularized with effect from 02-02-1990. Despite the said regularization, the petitioner has not been granted the benefit of the Third Time Scale Pay, which is contrary to Circular No. 401/L 2018-71-00727/Finance/Rule/4 dated 08-08-2018

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(Annexure P-8), as amended by Circular No.

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65/577/2020/Fin./Rule/4 dated 25-01-2021.

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3.1 Learned counsel further submits that the aforesaid Circular specifically provides that, in cadres of the State Civil Services where recruitment is made through direct recruitment, members of Class 'A', 'B', 'C' and 'D' services shall be entitled to the Third Higher Time Scale Pay, as prescribed in Appendix-I to the Scheme, upon completion of 30 years of service from the date of their initial appointment in Government service. The Circular further provides that the qualifying service for grant of the Third Time Scale Pay shall be computed from the date on which the Government servant joined service. It is, therefore, contended that the petitioner fully satisfies the eligibility criteria prescribed under the Scheme and is entitled to the benefit of the Third Time Scale Pay. Accordingly, it is prayed that the writ petition be allowed.

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4. Respondents have filed reply. Referring to its reply, learned Panel Lawyer appearing for the respondents/State submits that the petitioner was initially appointed on 02-02-1990 on an adhoc basis and his tenure was extended from time to time. Thereafter, vide order Annexure P-3, he was appointed on contractual basis. It is contended that, for the first time, the Council of Ministers (Cabinet), by its decision dated 25-06-2009, approved the regularization of the petitioner's services, and accordingly, vide order (Annexure R-1) dated 06-07-2009, his services were

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regularized with effect from the date of the said order. Therefore, according to the respondents, the petitioner had not completed 30 years of regular service before his retirement on 30-06-2023, and was consequently not entitled to the benefit of the Third Time Scale Pay. It is further submitted that the petitioner's representation has already been rejected by a reasoned order (Annexure P-1). Hence, the writ petition, being devoid of merit, deserves to be dismissed.

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5. Heard learned counsel for the parties and perused the material available on record with due care.

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6. The petitioner was initially appointed as an Orthotic Engineer on 02-02-1990 vide order (Annexure P-2) on an adhoc basis in the pay scale of Rs. 2650-4200. His tenure was extended from time to time. However, vide orders dated 10-10-1991 and 31-03-1993, although his tenure was extended, his pay scale was reduced to Rs. 2000-3500. Aggrieved thereby, the petitioner preferred Petition No. 1037/1993 before the M.P. State Administrative Tribunal. The order dated 03-11-1998 (forming part of Annexure P-4) demonstrates that, in compliance with the order passed by the Tribunal, the petitioner was granted the regular pay scale of Rs. 2650-4200 with effect from the date of his initial appointment, i.e., 02-02-1990.

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7. The principal contention advanced on behalf of the State is that the petitioner is not entitled to the benefit of the Third Time Scale Pay, as his services were regularized only in the year 2009 vide Annexure R-1 issued by the Govt. of Chhattisgarh, and therefore, he had not completed 30 years of regular service before his retirement. This contention is wholly misconceived and contrary to the record. In the aforesaid order, there is no mention of order of the Tribunal or the order dated 3-11-1998 by which, he was granted regular pay scale of Rs. 2650-4200/-.

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8. A perusal of Annexure P-10 dated 30-10-2019, issued by the Secretary, Social Welfare Department, Government of Chhattisgarh, clearly reveals that the petitioner's services were regularized with effect from the date of his initial ad hoc appointment, i.e., 02-02-1990. Thus, the stand taken by the respondents that the petitioner's regular service commenced only in the year 2009 is factually incorrect.

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9. Though in paragraph 8.2 of the writ petition the date of retirement has inadvertently been mentioned as 30-06-2020, it is an admitted position that the petitioner actually retired from service on 30-062023. The specific pleading made in paragraph 8.13 of the writ petition that the petitioner's services stood regularized from the date of his initial appointment on 02-02-1990 has not been effectively controverted by the respondents. On the contrary, the

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said fact stands conclusively established from Annexure P-10 itself.

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10. Accordingly, this Court has no hesitation in holding that the petitioner rendered continuous regular service from 02-02-1990 till his retirement on 30-06-2023, and thus completed more than 30 years of qualifying service prior to his retirement on 30-6-2023.

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11. During the course of arguments, learned counsel appearing for the petitioner submitted that the petitioner was not granted the benefit of the First and Second Time Scale Pay owing to the dispute relating to the regularization of his services, which ultimately came to be resolved by the Government vide order dated 30-10-2019 (Annexure P-10).

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12. Insofar as the claim of the petitioner for grant of the Third Time Scale Pay is concerned, Financial Instruction No. 43/2018 issued by the Finance Department, Government of Chhattisgarh, provides as under:

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" वि�त्तवि�र्दे�श 43/2018 छत्तीसगढ़शास�

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वि�त्तवि�भाग

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�यारायपुर मंत्रालय, महा�र्देीभ��, चार�यारायपुर, क्र. 401/एल 2018-71-00727/वि�त्त/वि�यम/ विर्दे�ांक 8.8.2018

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प्रति�, शास�केसमस्�वि�भाग अध्यक्ष, राजस्�मण्डल, वि'लासपुर समस्�वि�भागाध्यक्ष

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समस्�संभागीयआयुक्त

समस्�कलेक्टर

छत्तीसगढ़

वि�षयः-छत्तीसगढ़राज्यकेसिसवि�लसे�ाकेसर्देस्योंको�ृ�ीयसमयमा��े�� उपलब्धकरा�े'ा'�्

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संर्देभ7ः-वि�त्तवि�भागकाज्ञाप�कमांक 97/107/वि�त्त/ वि�यम / चार, विर्दे�ांक 28.04.2008 वि�त्तवि�भागकाज्ञाप�कमांक 218/सी-2802/10/वि�त्त/ वि�यम / चार, विर्दे�ांक 04.08.2010 राज्यशास�द्वारावि�र्ण7यलिलयागयाहैविकशासकीयसे�कोंकोउ�केपूर्ण7 शासकीय से�ाकालमेंन्यू��म�ी�उच्च�े��मा�उपलब्धकरायाजाए।अ�ःवि�त्तवि�भागके संर्देर् भ ि�ज्ञाप�विर्दे�ांक 28.4.2008 ए�ं 4.8.2010 केअ�ुसारप्रभा�शीलसमयमा� योज�ा 'कोवि�स्�ारिर�कर�ेहुए�ृ�ीयसमयमा��े��उपलब्धकरा�ेहे�ु वि�म्�ा�ुसारयोज�ाप्रभा�शीलकीजा�ीहै:-

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राज्यकीसिसवि�लसे�ाओंकेसिज�सं�गG मेंसीधीभ�H हो�ीहैउ�में "अ" "'" ''स" ए�ं "र्दे" �ग7 कीसिसवि�लसे�ाओंकेसर्देस्योंकोशासकीयसे�ामेंप्रथमवि�युविक्तविर्दे�ांक से 30 �ष7 कीसे�ाअ�तिधपूर्ण7 हो�ेपर�ीसरासमयमा��े��मा�र्द े यहोगाअथा7�् ऐसे शासकीय से�क सिजन्हें शासकीय से�ा में वि�युविक्त की ति�थिथ से र्देो पर्देोन्नति�/क्रमोन्नति�/समयमा��े��मा�काहीलाभप्राप्तहुआहै, कोविर्दे�ांक 1.1.2016 अथ�ाइसके'ार्देकीति�थिथसे 30 �ष7 कीसे�ापूर्ण7 कर�ेपर�ृ�ीय समयमा��े��मा�कीपात्र�ाहोगी।शासकीयसे�ककी�ीसरेसमयमा��े��मा� केलिलयेसे�ाअ�तिधकीगर्ण�ा, प्रति�योगी / चय�परीक्षाकेमाध्यमसेविकसीसीधी भ�H केपर्देपरकाय7भारग्रहर्णकर�ेकीति�थिथसेहोगी।

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राज्यशास�केऐसेसं�ग7 केशासकीयसे�कसिजन्हेंवि�थिशष्टयोज�ान्�ग7� समयमा��े��मा�कालाभप्राप्तहै, कोभी 30 �ष7 कीसे�ाकेउपरां��ृ�ीय समयमा��े��मा�कीपात्र�ाहोगीपरन्�ुऐसेसं�गQ को�ृ�ीयसमयमा��े��मा� र्द े �ेकेलिलएमंवित्र-परिरषद्आर्द े शप्राप्तविकयाजा�ाआ�श्यकहोगा।

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राज्य शास� के ऐसे कम7चारिरयों को सिज�के मूल पर्दे के �े��मा� का उन्नय� विर्दे�ांक 1.4.2006 ए�ं इसके पश्चा�् विकया गया है, की �ृ�ीय समयमा� �े�� की पात्र�ा के लिलए संशोतिध� �े��मा� में पू�7 वि�युविक्त ति�थिथ से काल्पवि�क वि�युविक्त मा�ी

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जाएगी।

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वि�थिभन्न �े��मा�ों के लिलए परिरथिशष्ट-1 के अ�ुसार �ृ�ीय उच्च�र �े�� 'ैंड ए�ं ग्रेड �े��/�े�� ले�ल की पात्र�ा होगी। वि�त्त वि�भाग के ज्ञाप� कमाक 97/107/वि�त्त/ वि�यम / चार, विर्दे�ांक 28.04.2008 ए�ं इसके क्रम में जारी वि�र्दे�शों की अन्य श�� था प्रविक्रयाएं यथास्थिस्थति� लागू रहेंगी।"

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13. A plain reading of the aforesaid Financial Instruction makes it abundantly clear that where a Government servant has received only two promotions/financial upgradations/time-scale benefits during the course of service, he becomes entitled to the Third Time Scale Pay upon completion of 30 years of service on or after 01-01-2016. The scheme further provides that the period of service for determining eligibility shall be computed from the date of joining service through direct recruitment. Therefore, once it stands established that the petitioner's services were regularized with effect from 02-02-1990, he fulfilled the requisite condition of completing 30 years of service and became entitled to consideration for grant of the Third Time Scale Pay in accordance with the aforesaid Financial Instruction.

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14. In view of the discussion in foregoing paragraph, from the order dated 3-11-1998 issued by the Social Welfare Department, Government of Madhya Pradesh (forming part of Annexure P-4) and order (Annexure P-10) dated 30-10-2019, issued by the Social Welfare Department, Government of Chhattisgarh, petitioner’s service has been regularized from the date of his initial

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appointment i.e. 2-2-1990 and he retired on 30-6-2023, thus before retirement, he completed 30 years in service. And as per circular (Annexure P-8) dated 8-8-2018, he is entitled for grant of third time pay scale on his completion of 30 years service.

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15. In view of above, this writ petition is allowed. The respondents are directed to grant 3^rd time pay scale to the petitioner as per circular dated 8-8-2018 and other consequential benefits.

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16. The writ petition is allowed.

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17. Interlocutory application(s), if any, stands disposed of.

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Sd/-

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(Naresh Kumar Chandravanshi) Judge

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pathak

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AVANISH KUMAR PATHAK Digitally signed by AVANISH KUMAR PATHAK Date: 2026.07.09 17:36:36 +0530

Rajesh Kumar Tiwari v. State of Chhattisgarh

Case brief

What is this about?

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Rajesh Kumar Tiwari v. State of Chhattisgarh

Case brief

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