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Digitally

signed by

SHAYNA

KADRI

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPS No. 5544 of 2023

1 - Sanjeevan Tirkey S/o Late Rafel Tirkey Aged About 61 Years R/o -

Kanker, District- North Baster Kanker, C.G.

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, Woman And Child

Welfare Department, Mahanadi Bhawan, Mantralaya, Naya Raipur,

District : Raipur, Chhattisgarh

2 - State Of Chhattisgarh Through The Secretary, Finance Department,

Mahanadi Bhawan, Mantralaya, Naya Raipur, District : Raipur,

Chhattisgarh

3 - District Program Officer Woman And Child Welfare Department,

Kanker, District- North Baster Kanker, C.G.

4 - Divisional Joint Director Tresury, Accounts And Pension, Bastar

Division, Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh

5 - Joint Director Tresury, Accounts And Pension, Ghadi Chowk, Raipur,

District : Raipur, Chhattisgarh

... Respondent(s)

(Cause-title is taken from Case Information System)

For Petitioner : Mr. Shakti Raj Sinha, Advocate

For State : Mr. Anand Dadariya, Dy. Advocate General

assisted by Mr. Anway Tiwari, Panel Lawyer

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SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

28/01/2026

1. The present writ petition is being filed seeking following reliefs:-

“10.1 That this Hon'ble Court may kindly be pleased

to quash/set aside the impugned order dated

14.07.2023 passed by the respondent no 4

placed as ANNEXURE P/1.

10.2 That, this Hon'ble Court may kindly be

pleased to grant Time Bound Pay Scale to the

petitioner from the date on which the petitioner

became eligible for the same i.e. from

12.11.2008 with interest @ 12% per Annum

from 12.11.2008 till the actual payment is

made to the petitioner.

10.3 Any other relief (s) that this Hon'ble Court may

deem fit to grant in the interest of Justice.”

2. Facts of the case, in a nutshell, are that the petitioner was

appointed to the post of Assistant Grade-I on 07.11.1998 and has

been continuously serving the Government since then. The

petitioner has thus completed more than 25 years of unblemished

service. The petitioner is not challenging any specific appointment

or disciplinary order, but is aggrieved by the illegal, arbitrary, mala

fide and indifferent action of the respondent authorities in not

granting time-bound pay scales. Despite completing the requisite

period of service, the petitioner has not been granted the first

time-bound pay scale due on 12.11.2008 and the second time-

bound pay scale due on 12.11.2018, to which the petitioner is

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legally entitled. As per the petitioner’s service book and the

decision taken in the departmental committee meeting held on

21.10.2022, the department itself recommended the grant of time-

bound pay scale to the petitioner. Certain objections were raised

by the office of the Divisional Joint Director, Treasury Accounts

and Pension, Bastar Division, Jagdalpur on 30.12.2022; however,

the said objections were duly rectified by the Department vide

letter dated 16.01.2023. Despite satisfactory compliance and

clarification by the Department, the treasury authorities again

raised the same objections on 27.01.2023, which action is

arbitrary, unjustified and unsustainable in law. The respondent

authorities are deliberately delaying the grant of time-bound pay

scale to the petitioner, though it became due as early as

12.11.2008. Hence, the petitioner seeks a direction for grant of the

time-bound pay scale along with interest @ 12% per annum from

12.11.2008 till the date of actual payment. Earlier, the petitioner

filed WPS No. 2544/2023 before this Court, which was disposed

of vide order dated 19.04.2023 directing the petitioner to file a

representation, to be decided by respondent No. 4 within 45 days

in light of the order dated 13.12.2022. However, respondent No. 4,

in a most illegal, arbitrary and mala fide manner, ignoring the

order dated 13.12.2022 passed by the Collector (Women and

Child Development), District North Bastar Kanker, passed the

impugned order dated 14.07.2023 holding that only directly

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appointed emp