1 - Raman Kumar Sinha S/o Rameshwar Sinha, Aged About 30 Years Occupation Assistant v. 1 - State of Chhattisgarh Through The Secreta
Case Details
1 Digitally signed by NADIM MOHLE 2025:CGHC:32980 NAFR HIGH COURT of CHHATTISGARH AT BILASPUR WPS No. 7805 of 2018 1 - Raman Kumar Sinha S/o Rameshwar Sinha, Aged About 30 Years Occupation Assistant Sub Inspector (M), Under The District Commandant, Home Guard, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh. 2 - Rupesh Kumar Dewangan, S/o Shri Jagdish Dewangan, Aged About 26 Years Occupation Assistant Sub Inspector (M), Under The office of Divisional Commandant Home Guard, Jagdalpur, District Bastar Chhattisgarh. --- Petitioner(s) versus 1 - State of Chhattisgarh Through The Secretary, Home Affairs, Police Department, Mahanadi Bhawan, New Mantralaya, Raipur Chhattisgarh. 2 - The Secretary, Finance, Mahanadi Bhawan, New Mantralaya, Raipur Chhattisgarh. 3 - The Director General of Police, Home Guards, (State Disaster Resolve Force) SDRF, Head Quarter, Sector 19, New Raipur Chhattisgarh. --- Respondent(s) with WPS No. 4001 of 2020
Legal Reasoning
1 - Megha Kutare D/o Late Shri A. R. Kutare Aged About 34 Years Occupation- Assistant Sub- Inspector, Working Under The office of District Commandant, Mungeli, District- Mungeli, Chhattisgarh. 2 - Geetanjali Singh Chouhan D/o Late Shri Ajay Singh Chouhan Aged About 24 Years Occupation- Assistant Sub- Inspector, Working Under The office of District Commandant. 3 - Shreshtha Kartike D/o Late Shri D.K. Kartike Aged About 24 Years Occupation- Assistant Sub- Inspector, Working Under The office of District Commandant, Raipur, District- Raipur, Chhattisgarh. 2 4 - Roman Singh S/o Shri Aatmaram Aged About 21 Years Occupation- Assistant Sub-Inspector, Working Under The office of District Commandant, Balod, District- Balod, Chhattisgarh. 5 - Bhan Singh S/o Shri Narbad Singh Aged About 25 Years Occupation- Assistant Sub- Inspector, Working Under The office of District Commandant, Kondagaon, District- Kondagaon, Chhattisgarh. 6 - Jyoti Mishra D/o Shri Santosh Kumar Mishra Aged About 28 Years Occupation- Assistant Sub-Inspector, Working Under The office of S.D.R.F. Training Center, Parsada, District- Bilaspur, Chhattisgarh 7 - Alok Singh Goutam Son of Shri Arjun, Working Under The office of District Commandant, Narayanpur, District- Bastar (Chhattisgarh) 8 - Shivshankar Sonparkar Son of Harish Chandra Sonparkar Aged About 30 Years Occupation- Assistant Sub-Inspector, Working Under The office of District Commandant, Jashpur, District- Jashpur (Chhattisgarh), District : Jashpur, Chhattisgarh 9 - Sourabh Shrivastava S/o. Prakash Kumar Shrivastava Aged About 37 Years R/o. C-19, Centuri Colony, Pandit Deendayal Upadhyay Nagar, Raipur, District- Raipur (Chhattisgarh), District : Raipur, Chhattisgarh ---Petitioner(s) Versus 1 - State of Chhattisgarh Through- The Under Secretary, Home Affairs (Police) Department, Mantralaya, Atal Nagar, Nawa Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 2 - The Secretary, Finance Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur (Chhattisgarh), District : Raipur, Chhattisgarh 3 - The Director General Home Guard, Mana Camp, District- Raipur (Chhattisgarh), District : Raipur, Chhattisgarh 4 - The Additional Director General of Police Home Guard, Sector-10, Atal Nagar, Raipur (Chhattisgarh), District : Raipur, Chhattisgarh --- Respondent(s) with WPS No. 6436 of 2019 1 - Anurag Toppo S/o Late Shri Mohar Sai Toppo Aged About 27 Years Occupation Assistant Sub Inspector (M), Under The Director General of Police 3 Home Guards, (State Disaster Resolve Force) SDRF, Head Quarter, Sector 19, Atal Nagar, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---Petitioner(s) Versus 1 - State of Chhattisgarh Through The Secretary, Home Affairs, Police Department, Mahanadi Bhawan, New Mantralaya, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Secretary Finance, Mahanadi Bhawan, New Mantralaya, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - The Director General of Police Home Guards, (State Disaster Resolve Force) SDRF, Head Quarter, Sector 19, New Raipur Chhattisgarh. --- Respondent(s) with WPS No. 6433 of 2019 1 - Sharda Prasad Tripathi S/o Late S.M. Tripathi Aged About 36 Years Occupation - Assistant Sub Inspector (M), Under The Director General of Police Home Guards, (State Disaster Resolve Force) SDRF, Head Quarter, Sector 19, Atal Nagar District Raipur Chhattisgarh. ---Petitioner(s) Versus 1 - State of Chhattisgarh Through The Secretary, Home Affairs, Police Department, Mahanadi Bhawan, New Mantralaya, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Secretary Finance, Mahanadi Bhawan, New Mantralaya Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - The Director General of Police Home Guards, (State Disaster Resolve Force) SDRF, Head Quarter, Sector 19, New Raipur Chhattisgarh., District : Raipur, Chhattisgarh --- Respondent(s) with WPS No. 2377 of 2022 4 1 - Smt. Shweta Singh W/o Late Vikas Singh Aged About 38 Years Occupation - Assistant Sub Inspector (M), Under The office of Superintendent of Police, Bilaspur, District Bilaspur (C.G.) 2 - Rashmi Panna W/o Late Ashok Jon Panna Aged About 36 Years Occupation Assistant Sub Inspector (M), Under The office of Superintendent of Police, Bilaspur, District Bilaspur (C.G.) 3 - Sefali Pandey W/o Late Abhilesh Kumar Pandey Aged About 30 Years Occupation Assistant Sub Inspector (M), Under The office of Superintendent of Police (Telecommunication), Bilaspur, District Bilaspur (C.G.) 4 - Bharti Kori W/o Shyam Kori Aged About 52 Years Occupation Assistant Sub Inspector (M), Under The office of Superintendent of Police, Bilaspur, District Bilaspur (C.G.) 5 - Mamta Sahu W/o Late Shatruhan Lal Sahu Aged About 36 Years Occupation Head Constable(M), Under The office of Superintendent of Police (Telecommunication), Bilaspur District Bilaspur (C.G.) ---Petitioner(s) Versus 1 - State of Chhattisgarh Through The Secretary, Home Affairs, Police Department, Mahanadi Bhawan, New Mantralaya, Raipur (C.G.) 2 - The Secretary Home Affairs, Police Department, Mahanadi Bhawan, New Mantralaya Raipur (C.G.) 3 - The Director General of Police Head Quarter, Sector 19, New Raipur (C.G.) --- Respondent(s) with WPS No. 4750 of 2022 1 - Pranjal Heeradhar S/o Late Aditya Heeradhar Aged About 31 Years Occupation Assistant Sub Inspector (M), Under The office of Superintendent of Police (Telecom), Bilaspur Zone, Bilaspur, District Bilaspur (C.G.) 2 - Akanksha Dandvekar D/o Late Shiv Kumar Dandvekar Aged About 25 Years Occupation Assistant Sub Inspector (M), Under The office of Superintendent of Police Bilaspur, District Bilaspur (C.G.) ---Petitioner(s) Versus 5 1 - State of Chhattisgarh Through The Secretary, Home Affairs, Police Department, Mahanaid Bhawan, New Mantralaya, Raipur (C.G.) 2 - The Secretary Finance, Mahanadi Bhawan, New Mantralaya, Raipur (C.G.) 3 - The Director General of Police Head Quarter, Sector 19, New Raipur (C.G.) --- Respondent(s) For respective Petitioner(s) :1. Mr. Prakash Tiwari, Advocate 2. Mr. Goutam Khetrapal, Advocate 3. Mr. Reshamlal Jaiswal, Advocate For Respondent(s) :4. Mr. Pramod Shrivastava, Deputy Government Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 15/07/2025 1. Since common questions of law and fact are involved in these writ petitions, they are clubbed together, heard together, and finally decided by this common order. 2. Mr. Prakash Tiwari, learned counsel appearing for the petitioners, would submit that the petitioners were appointed to the post of Assistant Sub Inspector (Ministerial), which is equivalent to Assistant Grade-III under the respondent authorities. He would contend that the services of the petitioners are governed by the Chhattisgarh Home Guards Class III (Ministerial) Service Recruitment and Promotion Rules, 2008 (for short, Rules, 2008), and the services of the petitioners in WPS No. 2377/2022 and WPS No. 4750/2022 are governed by the Chhattisgarh Police Executive (Non-Gazetted) Service Recruitment 6 Rules, 2006. It is submitted that the petitioners were appointed as per the said Rules. 3. It is further argued that as per the schedule to Rule 5 of the Rules, 2008, the basic pay scale payable to the post of Assistant Sub Inspector (Ministerial) is Rs. 4000–100–6000. Learned counsel would also submit that the petitioner namely Sharda Prasad Tripathi (WPS No.6433 of 2019) was promoted to the post of Sub Inspector (Ministerial) in the year 2021–2022. It is contended that the petitioners are presently being paid a grade pay of Rs. 1900, as reflected in the appointment order(s) issued by the department itself, whereas they are entitled to a grade pay of Rs. 2400. Reliance has been placed upon the letter issued by the Police Headquarters dated 23.05.2016. 4. It is also contended that one Ravirudra Sharma is getting a grade pay of Rs. 2400. It is argued that similarly situated government servants are getting the grade pay of Rs. 2400/-, and the petitioners have been denied similar treatment. Therefore, the action of the respondent authorities is illegal, arbitrary, mala fide, and violative of Articles 14 and 16 of the Constitution of India. 5. On the other hand, Mr. Pramod Shrivastava, learned Deputy Government Advocate, would submit that the grade pay of Rs. 1900/- was payable to the petitioners as per their basic pay scale of Rs. 4000– 6000. He submits that representations were made before the respondent authorities and the same were rejected by the competent authority upon due consideration. He would further submit that according to the Chhattisgarh Revision of Pay Rules, as per Chart No. 6, government servants drawing a basic pay scale of Rs. 4000/- would be entitled to a revised grade pay of Rs. 2400. 6. Heard learned counsel for the parties and perused the documents placed on record. 7 7. As per Annexure D/2, filed in WPS No. 4001/2020, the grade pay of Rs. 2400/- is payable to government servants drawing a basic pay of Rs. 4000–100–6000, with the corresponding revised pay scale of Rs. 5200– 20200. 8. It appears that Respondent No. 4, while rejecting the representations made by the petitioners, failed to consider the applicable provisions under the Chhattisgarh Revision of Pay Rules. Therefore, the rejection order, Annexure P/1, is not sustainable in the eyes of law and is hereby quashed. 9. The respondent authorities are directed to reconsider the claim of the petitioners in light of the Chhattisgarh Revision of Pay Rules, and to take appropriate steps with regard to the arrears of salary, preferably within a period of 150 days from the date of receipt of a copy of this order. Nadim Sd/- Rakesh Mohan Pandey JUDGE