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 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 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 direct