The High Court allowed the writ petition holding that the State's order withdrawing annual increments and restoring basic pay without notice or hearing violated the principles of natural justice.
The impugned order dated 28/07/2025 reducing basic pay and withdrawing increments is set aside.
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.
1
CGHC010340512025
2026:CGHC:40456
NAFR
SOURABH BHILWAR
Digitally signed by SOURABH BHILWAR Date: 2026.09.17 10:35:44 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 9427 of 2025
Ashish Dewangan S/o Late Shri S.L. Dewangan Aged About 36 Years R/o House No.D-89, Yadunandan Nagar Tifra, Bilaspur District- Bilaspur Chhattisgarh
... Petitioner
versus
1 - State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, Mantralaya Mahanadi Bhawan Nawa Raipur , Atal Nagar, Raipur (C.G.)
2 - The Collector Bilaspur District Bilaspur (C.G.)
4 - Block Medical Officer, Community Health Centre, Bilha, DistrictBilaspur (C.G.)
... Respondents
(Cause title is taken from Case Information System) For Petitioner : Mr. Ajay Kumrani, Advocate For Respondents/ State : Ms. Sakshi Bajpai, Panel Lawyer
(HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board
16/09/2026
2
3
refixation cannot be directed without observance of the principle of natural justice, and observed as under: -
4
been made to suffer huge financial loss without being heard. Fair play in action warrants that no such order which has the effect of an employee suffering civil consequences should be passed without putting the (sic employee) concerned to notice and giving him a hearing in the matter. Since, that was not done, the order (memorandum) dated 25-7-1991, which was impugned before the Tribunal could not certainly be sustained and the Central Administrative Tribunal fell in error in dismissing the petition of the appellant. The order of the Tribunal deserves to be set aside. We, accordingly, accept this appeal and set aside the order of the Central Administrative Tribunal dated 179-1993 as well as the order (memorandum) impugned before the Tribunal dated 25-7-1991 reducing the basic pay of the appellant from Rs 190 to Rs 181 w.e.f. 18-12-1970."
5
fixation, the appellants have suffered civil consequences, therefore, without affording an opportunity, re-fixation so done, was in violation of principle of natural justice hence, it is set-aside. In view of the above, question no. 3 is also answered."
Sd/- (Bibhu Datta Guru) Judge
$. Bhilwar
3 issues framed by the court
Whether the withdrawal of annual increments and restoration of basic pay without notice violates principles of natural justice?
Whether the impugned order reducing the petitioner's salary without an opportunity of hearing is sustainably valid?
Whether the writ petitioner is entitled to the relief of having the impugned order set aside?
Colour shows how this judgement treated each authority
Mukund K. Pai and others v. Punjab National Bank and othersFollowed¶27
Mukund K. Pai and others v. Punjab National Bank and others
Bhagwan Shukla v. Union of IndiaFollowed¶27
Bhagwan Shukla v. Union of India
Ashish Dewangan
State Of Chhattisgarh
Bibhu Datta Guru
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
