Smt. Jarina Parween W/o Late Ali Baksh Aged About 70 Years R/o Civil Line v. 1 The State Of Chhattisgarh Through The Principal Secretary, Tribal Welfare Department, Mahanadi Bhawan
Case Details
1 2025:CGHC:35308-DB NAFR JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.07.24 12:01:28 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 510 of 2025 Smt. Jarina Parween W/o Late Ali Baksh Aged About 70 Years R/o Civil Line Ward No. 18, Manedragarh, Earlier District - Koriya Chhattisgarh.,now District Manendragarh-Bharatpur-Chirmiri Chhattisgarh ... Petitioner(s) versus 1 The State Of Chhattisgarh Through The Principal Secretary, Tribal Welfare Department, Mahanadi Bhawan, New Raipur, District - Raipur Chhattisgarh. 2 Principal Secretary Finance Department , Atal Nagar, New Raipur, District - Raipur Chhattisgarh., ... Respondent(s) For Appellant
Legal Reasoning
this Court in WPS No. 5391 of 2019, by which, the learned Single
Arguments
: Mr. Ashesh Kumar, Advocate For Respondent/ State : Mr. Sangharsh Pandey, G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha , Chief Justice 23.07.2025 2 1. The appellant/ writ petitioner has filed this writ appeal assailing the order dated 01.04.2025 passed by the learned Single Judge of
Decision
Judge has dismissed the writ petition filed by the writ petitioner. 2. The brief facts of the case is that husband of petitioner Jarina Parween was appointed on the post of Upper Division Teacher in the year 1991. He was promoted on the post of Principal, High School in the year 1997 and granted pay scale of Rs. 2,000- 3,500/-whereas he ought to have been granted pay scale of Rs. 8,000-13,500/-. As vide Order dated 11-3-1998 issued by the Finance Department of State of Madhya Pradesh, the Principals whose pay scale was Rs. 2,375-4,125/- were entitled for pay scale of 8,000-13,500/-. 3. In the order under challenge, the learned Single Judge has observed as under :- 15. In instant case, petitioners were promoted on the post of Principal, High School in the year 1997/2000, as such, they cannot be benefited by the higher pay scale granted to the Principals of Higher Secondary School vide order dated 30-7-1990/2-1-1991, on the basis of which, the High Court of MP and High Court of CG passed said order. Rather, petitioners of instant petitions were promoted on the post of Principal, 3 Higher Secondary School in the year 2007, thereafter they were granted pay scale of 8,000-13,500/-, Thus, since petitioners were promoted on the post of Principal, High School in the year 1997/2000 and not on the post of Principal, Higher Secondary School, therefore, they are not entitled to get pay scale of Rs. 8,000-13,500/- (earlier pay scale 2,375-4,125/-) from the date of their promotion on the post of Principal of High School, as such, they are not entitled to get any benefit from the judgment rendered by the High Court of MP and High Court of CG in aforesaid writ petitions. 16. In view of above discussion, I do not find any merit in instant writ petitions. Hence, the same are dismissed.” 4. The writ appeal has been filed by the petitioner reiterating the same plea which has been taken before the learned Single Judge with a prayer to grant revised pay scale of Rs. 8,000/--13,500/- from the date of promotion of her husband as Principal of High School along with arrears of salary and other pensionary benefits. 5. Learned counsel for the appellant submits that vide order dated 30-7-1990/2-1-1991, issued by the State of Madhya Pradesh, Principals of Higher Secondary School were granted pay scale of Rs. 2,375-4,125/-, but vide order dated 19-3-1991, that pay scale 4 was recalled and reduced to pay scale of Rs. 2,000-3,500/-, but in the writ petitions filed by Principals of Higher Secondary Schools before Madhya Pradesh High Court bearing No. WP No. 7211/2003, 7425/2003 and 7210/2003, the High Court of MP has allowed the writ petitions of Principals and set aside the recalling order dated 19-3-1991 and granted pay scale of Rs. 2,375-4,125/- to the Principals. He further submits that some other Principals of Higher Secondary Schools, who were benefited vide order dated 30-7-1990/2-1-1991, were affected from order dated 19-3-1991, they also filed writ petitions bearing WPS No. 1224/2008, 67/2009, 160/2011, 3136/2010. 4421/2008 and 6592/2008 before this Court. Those writ petitions have been allowed by learned coordinate Bench of this Court vide order dated 8-3-2013 relying on the order passed by the MP High Court in WP Nos. 7211/2003, 7425/2003 and 7210/2003 and the petitioners therein were held entitled to the pay scale of Rs. 2,375-4,1205/-. Learned counsel also submitted that, in the light of aforesaid order of MP High Court, and the coordinate bench of this Court, the husband of petitioner (now deceased), after promotion, may also be granted pay scale of 2,375-4,125/-(revised pay scale Rs. 8,000-13,500) in the light of order dated 11-3-1998 issued by the Finance Department of State of Madhya Pradesh (now Chhattisgarh). 6. On the other hand, learned counsel appearing for the State would submit that in the year 1997, the husband of the petitioner was 5 promoted on the post of Principal, High school. Learned State counsel further submits that, petitioner is seeking higher pay scale on the strength of judgment passed by the High Court of Madhya Pradesh and High Court of Chhattisgarh in afore-cited writ petitions whereby, pay scale of Rs. 2.375-4.125/- has been granted to the Principals of Higher Secondary School. Since husband of the petitioner was not promoted on the post of Principal, Higher Secondary School in the year 1997, rather he was promoted on the post of Principal, High School, therefore, he is not entitled to get benefit from the judgment rendered by the High Court of MP and High Court of Chhattisgarh in aforecited writ petitions relying on dated 19-3-1991, petitioners have been promoted on the post of Principal, Higher Secondary School, vide dated 27-10-2007, thereafter they have been granted pay scale of promotional post i.e. Rs. 8,000-13,500/-, hence this writ appeal deserves to be dismissed. 7. We have heard learned counsel for the parties and perused the documents appended with the petition. 8. Bare perusal of the records show that husband of the petitioner was promoted to the post of Principal, High School in the year 1997 and was granted pay scale of 2,000-3500/-. 9. Further perusal of the records shows that the order relied upon by the learned counsel for the appellant dated 19.03.1991 pertains to 6 the Lecturers, Principals/Vice Principals of Higher Secondary School, whereby higher pay scale granted to them was subsequently reduced by the Government of MP, but that reduction was set aside by the High Court of MP and High Court of CG and higher pay scale of Rs. 2.375-4.125/- granted vide order dated 30-7-1990/2-1-1991 was restored but the said order was not pertaining to the Principals of High School. 10. However, in the present case, the husband of the petitioner was promoted to the post of Principal, High School in the year 1997 and not on the post of Principal, Higher Secondary School, therefore he is not entitled to get the pay scale of Rs. 8,000/-- 13,500/- from the date of their promotion on the post of Principal of High School, as such she cannot be given the benefit from the judgment rendered by the High Court of Madhya Pradesh and this court. 11. Taking into consideration the above-discussed facts, we are of the view that the order passed by learned single judge is just and proper and needs no interference. 12. Accordingly, the writ appeal being devoid of merit is liable to be and is hereby dismissed at the motion stage itself. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti/ $ Bhilwar