Arrears for revised pay scales are restricted to three years prior to the date of filing the writ petition, and the date of the decision is a fortuitous circumstance not relevant to the calculation of limitation.

Digitally signed by SAGRIKA AGRAWAL Date: 2026.03.03 18:41:58 +0530

Order on Board

Per Ramesh Sinha, Chief Justice

1. Heard Mr. Vinod Kumar Deshmukh, Advocate, appearing for the learned counsel for the appellant as well as Mr. Prasoon Bhaduri, Dy. Advocate General and Mr. Keshav Dewangan, learned counsel for the Respondent No. 3 in the present writ appeal.

2. Though, against the impugned order dated 18.07.2025 passed by learned Single Judge, the appellant Shivchandra Saha has filed a writ appeal bearing WA No. 83/2026 before this Court, which was dismissed by this Court on 28.01.2026 on the ground of limitation, but the present appeal is beyond time. Learned counsel for the appellant would submit that after passing of the order dated 28.07.2025, the appellant preferred a review petition before the learned Single Judge and the same was dismissed also on 03.11.2025 and the present writ appeal is within time, therefore, the same may be decided on its merits. Hence, we proceed to hear the matter finally.

3. The present writ appeal has been filed by the writ appellant against the order dated 28.07.2025 passed by learned Single Judge in WPS No. 4284/2016 whereby the writ petition filed by the writ petitioner for grant of revised pay scale is partly allowed to the extent that the petitioner is entitled to get the difference of pay scale prior to three years from the date of filing of this writ petition i.e. 24.08.2016 till he was removed from service on 10.02.2018 and order dated 03.11.2025 passed in Rev. P. No. 326/2015 whereby the review petition the appellant for seeking review of the order dated 28.07.2025 only to the extent that the petitioner would be entitled to get the difference of pay scale prior to three years from the date of filing of the first WP No. 7575/2006 filed by the petitioner i.e. 19-12-2006 till he was removed from service on 10.02.2018 and fix the pay scale of the petitioner notionally and arrears of difference of pay shall be paid to the petitioner from 19-12-2003 till he was removed from service on 10.02.2018 with 7% interest has been dismissed. Thereafter, the appellant prefer the instant appeal before this Hon'ble Court with the following prayer:-

“ A This Hon'ble Court be pleased to call for the record of the Writ Petition (8) No. 4284/2016 and W.P. No. 7875/2006 for its kind perusal.

B. This Hon'ble Court be pleased to allow the instant writ appeal and set aside the order dated 03-11-2025 passed in REVP No. 326 of 2025 and modify the order dated 28-07-2025 passed in Writ Petition (S) No. 4284/2016 only to the extent that the petitioner/appellant is entitled to get the difference of pay scale prior to three years from the date of filing of the first W.P.No. 7575/2006 i.e. 19-12-2006 till he was removed from service on 10.02.2018 And further directed the respondents to fix the pay scale of the petitioner notionally and arrears of difference of pay shall be paid to the petitioner from 19-12-2003 till he was removed from service on 10.02.2018 with 7% interest and further directed the respondents to grant proper revised pay scale w.e.f. 01/01/1996 as well as benefit of 6th Pay Commission scale at par with similar situated employee who are getting proper pay scale from the due date with all monetary benefits and arrears of salary

C. Any other relief as deemed fit by this Hon'ble Court”

4. The brief facts of the case are that The petitioner was appointed on 01.04.1995 as Banchalak/UDT in Mata Rukmani Adiwasi Kanya A