Nafr High Court
Case Details
SMT NIRMALA RAO 1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7833 of 2018 : Raigarh, 1 - Anil Kumar Yadaw S/o Shri Manbodh Yadaw Aged About 29 Years R/o Village Basantpur, Post Kaantahardi, Tahsil - District Raigarh Chhattisgarh., District Chhattisgarh 2 - Surendra Kumar Sahu S/o Shri Kheersagar Sahu Aged About 30 Years R/o Jhanakapur, Post And Tahsil Baramkela, District Raigarh Chhattisgarh., Chhattisgarh District 3 - Dushyant Kumar Suryavanshi S/o Shri Battulal Suryavanshi Aged About 29 Years R/o Sarwani, Byaha, Bamnidih, District Janjgir Champa Chhattisgarh Chhattisgarh., 4 - Smt. Indulata Yadaw W/o Shri Shivaji Yadaw Aged About 31 Years R/o Sapos, Tahsil Dabhra, District Janjgir Champa Chhattisgarh., District : Janjgir- Champa, Chhattisgarh Janjgir-Champa, District Raigarh, : : ... Petitioner(s) versus : 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh., Chhattisgarh District 2 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh., Chhattisgarh District 3 - State Project Officer Rajiv Gandhi Shiksha Mission Board Office, Composite Building 2nd Floor, Pension Bada, Raipur Chhattisgarh., District : Raipur, Chhattisgarh Raipur, Raipur, : 4 - The Collector And District Mission Director Rajiv Gandhi Shiksha Mission, Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh ... Respondent(s) For Petitioners For Respondent/State For Respondent No.4 : : :
Legal Reasoning
Shri Animesh Verma, Advocate. Shri Pramod Shrivastava, Dy.G.A. Shri A.S. Kachhawaha, Advocate. 2 Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 12.08.2025 1. The petitioners have filed this petition seeking the following reliefs:- “10.1 It is prayed that this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner for its kind perusal including the entire select list. 10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, order, direction thereby directing the respondents to immediately grant the petitioners their salary in proportion to & as they were getting prior to reduction of their salaries. 10.3 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, order, direction thereby directing the respondents to immediately grant the petitioners' salary as per grade pay of 2400 & further to grant grade pay of 2400 & pay band of 5200-20200. 10.4 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, order thereby declaring the entire action of the respondents' in reducing the salary, pay-band & grade pay of the petitioners' as illegal, arbitrary & invalid in eyes of law. 10.5 That, this Hon'ble Court may kindly be pleased to issue appropriate writ, order thereby directing the respondents to grant arrears of already deducted remaining salary of the petitioners' from November 2018 alongwith an interest @ 18% per annum. 10.6 Any other relief/reliefs, which may deem fit and proper in the facts and circumstances of the case.” 2. Learned counsel for the petitioners would submit that the State Project Officer/respondent No.3 issued an order dated 27.2.2012, sanctioning 146 posts of Management Information System Coordinator. He would contend that the advertisement was issued on 2.5.2012 for the said post on a contract basis. He would further contend that the petitioners participated in the recruitment process, were selected, and consequently, their appointment orders were issued on 16.11.2012 and 3 11.10.2012, respectively. He would further submit that initially, the petitioners were paid a grade pay of Rs.2400/- and a pay band of Rs.5200-20200/-. He would also submit that the salary payable to the petitioners was revised by the State of Chhattisgarh, Finance & Planning Department vide notification dated 9.9.2009, 31.3.2012, 27.7.2013 & 23.9.2015 wherein directions were issued to make payment of grade pay to the contractual employees. He would contend that the respondent authorities, without affording any opportunity of hearing, illegally reduced the grade pay from 2400 to 2200 without authority of law. He would further argue that the petitioners continued to discharge their duties as MIS Coordinators, and no specific order was issued while reducing their grade pay. As no opportunity of hearing was given, such an action of respondents No. 3 and 4 is illegal, arbitrary and bad in law. 3. On the other hand, learned counsel for respondent No.4 would submit that the School Education Department issued an order on 3.10.2011 granting grade pay of Rs.2200/- to MIS Coordinators. He would further submit that although the circular was issued specifically for the Bijapur and Narayanpur districts, but it is applicable to other Districts of Chhattisgarh as well. He would contend that the petition filed by the petitioners is misconceived and deserves to be dismissed. 4. Learned counsel for the State would support the contention made by counsel for respondent No.4. 5. Heard counsel appearing for the parties and perused the documents present on the record. 4 6. The order dated 3.10.2011 issued by the School Education Department, relied upon by Shri A.S. Kachhawaha, pertains to the District Bijapur and Narayanpur of the State of Chhattisgarh. There is no specific circular or order with regard to other Districts of the State. 7. The notifications and circulars annexed by the petitioners would clearly reveal that the petitioners who were appointed to the post of MIS Coordinators are entitled to the grade pay of Rs.2400/-, which has continuously been paid to them since their initial appointment. 8. A perusal of the documents available on the record would show that the petitioners were not afforded any opportunity of hearing by the respondents when the decision was taken to reduce their grade pay from Rs.2400 to Rs. 2200/-. Therefore, the action of the respondents is illegal, arbitrary, discriminatory and in violation of the principles of natural justice. 9. Accordingly, the respondent authorities are directed to restore the grade pay of Rs. 2400/- to the petitioners. The authorities concerned are further directed to make payment of arrears of salary to the petitioners from the date when it was reduced till the date of its realization, and in future, the petitioners shall be entitled to receive the grade pay of Rs.2400/- till the revision of their grade pay by the State or competent authority.
Decision
10. With the aforesaid observations, this petition is disposed of. Nimmi Sd/- (Rakesh Mohan Pandey) Judge