Jainarayan Pandey Vs State of Chhattisgarh

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2026:CGHC:4372

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 544 of 2026

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1 - Jainarayan Pandey S/o Shri Vasudeo Pandey Aged About 62 Years Occupation - Assistant Professor Economics, R/o Hig 1/32, Aditya Nagar Durg, Tahsil And District- Durg (C.G.)

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... Petitioner

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Versus

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1 - State Of Chhattisgarh Through The Secretary To The Government Of Chhattisgarh, Secretariat, Department Of Higher Education Mahanadi Mantralaya Urban Administration And Development Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur (C.G.)

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2 - The Additional Secretary To The Government Of Chhattisgarh Secretariat, Department Of Higher Education Mahanadi Mantralaya Urban Administration And Development Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, DistrictRaipur (C.G.)

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3 - The Principal Secretary To The Government Of Chhattisgarh Department Of General Administration, Secretariat Mahanadi Mantralaya, Nava Raipur, Atal Nagar, District- Raipur (C.G.)

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4 - The Principal Secretary To The Government Of Chhattisgarh Department Of General Finance, Secretariat Mahanadi Mantralaya, Nava Raipur, Atal Nagar, District- Raipur (C.G.)

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5 - The Commissioner Department Of Higher Education Government Of Chhattisgarh, Block 3 Indravati Bhawan, Nava Raipur, Atal Nagar, District- Raipur (C.G.)

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6 - The Regional Additional Director Of Higher Education Government Of Chhattisgarh Durg Division District- Durg (C.G.)

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... Respondents

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For Petitioner : Mr. Awadh Tripathi, Advocate For Respondents/State : Ms. Akanksha Verma Dabhaker, Panel Lawyer

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SB: Hon'ble Shri Parth Prateem Sahu, Judge

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ORDER ON BOARD

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19/01/2026

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The petitioner has filed this writ petition seeking following reliefs:-

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“10.1 That, the Hon'ble Court may kindly be pleased to allow the writ petition and direct the respondent to examine the case of the petitioner after adding his past service, appointed on emergency basis for grant of senior grade, selection grade payscale and if the petitioner fulfills all the requisite conditions which are required for grant of senior grade pay scale/ selection grade pay scale. So he is also entitled for senior pay scale, selection grade pay scale as per the policy/circular issued by the state government as well as the university grant commission from time to time within the stipulated period because other similarly situated person's case has been duly considered by the respondent authorities in accordance with law, in the interest of justice.

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10.2 That, any other relief which this Hon'ble Court deems fit and proper may also kindly be granted to the petitioner in the interest of justice along with cost of the petition.”

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Learned counsel for the petitioner submits that the petitioner was appointed on 08.11.1989 as Assistant Professor and since then, the petitioner is continuously working on the said post. Initially, the petitioner was appointed was appointed on the fixed salary, pursuant to the order passed by the State Administrative Tribunal, the employees like the petitioners were granted annual increment by which, the petitioner was also benefited. Petitioner was regularized vide order dated 18.06.2007/19.06.2007 w.e.f. 24.12.1998 on a probation period of 02 years.

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He contended that the grievance of the petitioner in this writ petition is that his past services from the date of initial appointment is not being

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counted for the purpose of granting selection grade. Similarly situated Assistant Professors have filed writ petition bearing WP (S) No. 8375/2018 ‘Dr. Deepak Kumar Shukla & Ors. Vs. State of Chhattisgarh & Ors’, and other connected matters was allowed vide order dated 06.01.2023 and it was directed that if the petitioner therein after adding the past services is found eligible for grant of section grade, the duty of arrears would be paid to them within further 02 months on the date of taking final decision for grant of selection grade. Case of the petitioner is squarely covered with the decision of the Co-ordinate Bench in the case of Dr. Deepak Kumar Shukla (Supra) and therefore, similar order may be passed in this writ petition.

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He also contended that the petitioners therein have filed review petition bearing REVP No. 16/2023 which was also allowed vide order dated 09.02.2023 and relief was accordingly granted to the petitioners therein and the order dated 06.01.2023 was accordingly modified as mentioned in para 5.

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Learned counsel for the Respondent/State do not dispute the submission of counsel for the petitioner that the case of the petitioner is covered with the decision of this Court in case of Dr. Deepak Kumar Shukla (Supra).

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I have heard learned counsel for the parties and perused the documents placed on record.

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On due consideration of the submission of counsel for the respective parties, facts and circumstances of the case, nature of grievance raised by the petitioner, this writ petition at this stage is disposed of in similar terms of the order passed in REVP No. 16/2023. The operative part of the direction issued by this Court forming part of the order passed in REVP No. 16/2023 dated 09.02.2023 is extracted below for ready reference:-

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Accordingly, in para 35 of the order passed by this court in WPS No 8375 of 2018 and WPS No 9830 of 2019 is modified to the extent as under:.

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That the respondents are directed to examine the case of the individual petitioners after adding their past service appointed on emergency basis for grant of senior grade, selection grade and Pay Band IV and if the petitioners fulfill all the requisite conditions which are required for grant of senior grade pay scale, selection grade and Pay Band IV then they are also entitled for senior pay scale, selection grade and Pay Band IV" as per the policy/ circular issued by the State Government as well as University Grants Commission from time to time within four months fromthe date of receipt of copy of this order. It is made clear that adding of past services shall be considered for grant of senior grade, selection grade, Pay Band IV and pension only. It will not be counted for grant of seniority.

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With the aforesaid observation and direction, this writ petition stands

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disposed of in terms of the extracted portion of the order .

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Sd/-

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Digitally
signed by
SHUBHAM
SHUBHAM DEY
DEY Date:
2026.01.27
17:28:06
+0530
Dey

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(Parth Prateem Sahu) Judge

Jainarayan Pandey v. State of Chhattisgarh

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Jainarayan Pandey v. State of Chhattisgarh

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