NIRMALA RAO

2026:CGHC:15285 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 646 of 2021

1 - Nageshwar Singh Baghel S/o Shri Man Singh Baghel Aged About 51 Years Occupation Attendant, Veterinary Hospital, Gram And Tehsil Katekalyan Office Of The Deputy Director, Veterinary Services, Dantewada District Dantewada Chhattisgarh, Resident Of Gram And Post Chhindawada, Tehsil Darbha, District Bastar Chhattisgarh 494115., District : Bastar(Jagdalpur), Chhattisgarh ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary , Veterinary Department, Mantralaya At Mahanadi Bhawan, Atal Nagar , Nava Raipur Chhattisgarh 492002., District : Raipur, Chhattisgarh 2 - Director , Veterinary Services Indrawati Bhawan, Atal Nagar , Nava Raipur Chhattisgarh 492002., District : Raipur, Chhattisgarh 3 - The Deputy Director Veterinary Services , Dantewada District Dantewada Chhattisgarh., District : Dantewada, Chhattisgarh ... Respondent(s)

(Cause Title is taken from Case Information System)

For Petitioner/s : Shri Tanmay Thomas, Advocate.

For Respondent/ State : Shri Abhuday Tripathi, P.L.

Hon'ble Shri Justice Rakesh Mohan Pandey

Order on Board

02 .04.2026

1. The petitioner has filed this petition seeking the following reliefs:

“10.1 That this Hon'ble Court may kindly pleased to direct the respondent authorities sanction the pay scale of Rs. 2550- 3200/- from the date of completion of the 03 years in collector rate;

10.2 That this Hon'ble Court kindly be pleased to direct the respondents to fix the seniority and salary of the petitioner accordingly and pay the arrears of the difference of the pay;

10.3 Any other relief which this Hon'ble Court may deem fit and proper may also be passed in favor of the petitioner together with cost of the petitioner.”

2. Learned counsel for the petitioner would submit that the petitioner was initially appointed as a Sweeper against a sanctioned and vacant post by the Joint Director, Veterinary Services, Jagdalpur vide order dated 14.12.1992 at the Collector rate. The petitioner was subsequently granted a pay-scale of Rs.2550-3200 vide order dated 27.1.2009. The petitioner and Gokul Ram filed WP(S) No. 6244 of 2017 seeking a direction to the respondents to grant the said pay scale. Consequently, the respondent authorities were directed to decide the representation of both the petitioners within a period of three months. Pursuant to that order, the authorities granted a regular pay-scale effective from the date of completion of three years of service to Gokul Ram Baghel, who was the first petitioner in the said writ petition. However, regarding the present petitioner, respondent No.3 issued a letter dated 24.1.2018 stating that the petitioner has been receiving the regular pay-scale of Rs.2550-3200/- from 27.1.2009. He would submit that the petitioner is entitled to get the said benefit since December, 1995 i.e. the date of completion of three years of service. He would contend that the issue involved in the present case is no more res integra. The Hon’ble Supreme Court in the matter of Rakesh Kumar Charmakar and Ors. vs. State of Madhya Pradesh and Ors., passed in SLP(C) No.8613- 8614 of 2022 extended benefit of regular pay-scale. The relevant paragraphs 13, 14, 17 & 18 are read as under:

“13. It is clear that all the nine appellants were appointed under an order issued by Deputy Director of Veterinary Sciences in compliance with direction and order of Collector, on the ground of recommendation of the Selection Committee constituted by Collector, against the vacant posts as part time sweepers at Collector's prescribed rates. The appointment orders make it clear that appellants were appointed on sanctioned and vacant posts although on temporary basis. Further, the appellants were appointed for posts reserved for Scheduled Castes, Scheduled Tribes and Other Backward Classes under Special Recruitment Drive. This contradicts the argument of the State that appellants were appointed on non-

sanctioned posts, only for nece