Digitally NAFR signed by SHAYNA KADRI HIGH COURT OF CHHATTISGARH AT BILASPUR Reserved for orders on : 05.02.2026 Order passed on : 13.02.2026 WPS No. 9471 of 2023

1 - Shrawan Kumar Singh S/o Late Shivcharan Singh Aged About 32 Years Occupation - Assistant Grade- I I I, Under The Office Of Deputy Director Agriculture Baikunthpur District- Korea C.G. R/o Village- Gopalpur Ward No. 1, Post- Ps-Tahsil Surajpur, District : Surajpur, Chhattisgarh ... Petitioner versus

1 - State Of Chhattisgarh Through Secretary, Agriculture Department, Mantralay Mahanadi Bhawan, Atal Nagar Nawa Raipur, District : Raipur, Chhattisgarh

2 - The Director Agriculture Block- I I, Second Floor, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

3 - The Joint Director Agriculture Surguja Division Ambikapur, District :

Surguja (Ambikapur), Chhattisgarh

4 - Deputy Director Agriculture Baikunthpur, District : Koriya (Baikunthpur), Chhattisgarh ... Respondent(s)

(Cause-title is taken from Case Information System)

For Petitioner : Mr. Santosh Kumar Pandey, Advocate For State : Mr. Hariom Rai, Panel Lawyer (Hon'ble Shri Amitendra Kishore Prasad, Judge)]

C.A.V. Order

1. By way of the present writ petition, the petitioner calls in question the legality and validity of the order dated 13.05.2019 (Annexure P-3), whereby respondent No. 3, acting suo motu, has cancelled his earlier order dated 08.09.2017 granting the petitioner the benefit of regular pay scale from the initial date of appointment and has further directed recovery of the alleged excess amount paid to the petitioner. The petitioner has also assailed the arbitrary and discriminatory action of the respondents in denying him promotion from the post of Assistant Grade-III to Assistant Grade- II. It is submitted that despite the petitioner having submitted several representations ventilating his grievance, the respondents have failed to take any decision thereon, thereby perpetuating discrimination and causing continuing prejudice to the petitioner.

The petitioner has prayed for following reliefs :

“10.1 The Hon'ble court may be pleased to call for the entire records pertaining to the case of petitioner from the respondents for kind perusal of this Hon'ble Court.

10.2 This Hon'ble Court may kindly be pleased to set-aside the impugned order dated 13.05.2019 (Annexure P-3) issued by the office of respondent no.

3.”

2. Facts of the case, as canvased are that, the petitioner was initially appointed on compassionate grounds to the post of Assistant Grade-III vide order dated 28.02.2014 issued by the competent authority. In pursuance of the said appointment order, the petitioner duly joined service on 13.03.2014 and has been continuously discharging his duties thereafter. Prior to joining on the said post, the petitioner was already possessing a valid certificate of computer training course, which was submitted before respondent No. 3. Taking note of the petitioner’s eligibility and qualification, respondent No. 3 sanctioned the benefit of regular pay scale to the petitioner with effect from the date of his initial appointment i.e. 13.03.2014, vide order dated 08.09.2017. The said order granting regular pay scale remained in force and was acted upon by the respondents. However, to the utter surprise of the petitioner, respondent No. 3, without issuing any show-cause notice and without affording any opportunity of hearing, suo motu cancelled his earlier order dated 08.09.2017 vide order dated 13.05.2019 and further directed recovery of the alleged excess amount paid to the petitioner. The said action was taken in complete violation of the principles of natural justice. Even otherwise, the said cancellation and recovery order has not been properly communicated to the petitioner till date. Thereafter, respondent No. 3 issued the seniority gradation list of Assistant Grade-III as on 01.04.2020 vide order dated 26.06.2020, wherein the petitioner’s name was duly reflected at Serial No. 21, thereby acknowledging