SHIKSHA MESHRAM vs STATE OF CHHATTISGARH

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CGHC010436462026 2026:CGHC:46955
NAFR
Digitally
signed by
SOURABH
BHILWAR
Date:
2026.11.05
17:00:30
+0530
SOURABH
BHILWAR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 7949 of 2026
Shiksha Meshram D/o Shri Santosh Lonhare Aged About 42 Years
(Appointed As Ku. Shiksha Lonhare). Presently Working As Assistant
District Public Prosecution Officer, Office Of The Deputy Director
(Prosecution), District Durg, Chhattisgarh
... Petitioner
versus
1 - State Of Chhattisgarh Through The Secretary, Dpeartment Of Home,
Mahanadi Bhawan, Mantralaya, Atal Nagar, Nava Raipur, District
Raipur, Chhattisgarh
2 - The Secretary, Department Of Finance, Government Of
Chhattisgarh, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nava Raipur,
District Raipur, Chhattisgarh
3 - The Director, Directorate Of Public Prosecution, Atal Nagar, Nava
Raipur, District Raipur, Chhattisgarh
4 - Directorate Of District Prosecution, District Durg, Chhattisgarh
... Respondent(s)
(Cause title is taken from Case Information System)

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For Petitioner : Mr. Pankaj Singh, Advocate
For Respondents/ State: Mr. Aditya Tiwari, Panel Lawyer
Hon’ble Shri Bibhu Datta Guru, Judge
Order on Board
05/11/2026
1. By the present writ petition, the petitioner seeks for the following
reliefs :-
“a. To issue a writ of mandamus, or any other appropriate
writ, order or direction, commanding the Respondents to
grant to the Petitioner the first higher pay scale
(Samayman Vetanman /Time Scale Pay) admissible to the
post of Assistant District public Prosecution Officer under
the Memo No. 97/107/Vitt/Niyam/Char/2008 dated
28.04.2008 of the Finance and Planning Department read
with Appendix-1 and Serial No. 50 of Appendix-2 thereto,
with effect from 21.12.2020, and to fix the pay of the
Petitioner accordingly in the corresponding revised pay
structure, within such time as this Hon'ble Court may
deem fit;
b. To direct the Respondents to pay to the Petitioner the
full arrears of pay and allowances arising from the grant of
the first higher pay scale with effect from 21.12.2020,
along with interest thereon at such rate as this Hon'ble
Court may deem fit, with all consequential benefits;
c. To declare that the inaction of the Respondents in not
granting the first higher pay scale to the Petitioner, and in
not deciding her representation dated 22.10.2026, is
illegal, arbitrary and violative of Articles 14 and 16 of the
Constitution of India;

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d. In the alternative, and without prejudice to the above, to
direct Respondent No. 3 to decide the representation
dated 22.10.2026 of the Petitioner by a reasoned and
speaking order, in the light of the Memo dated
28.04.2008, within such time as this Hon'ble Court may
deem fit;
e. To pass any other order(s) in favour of the Petitioner as
this Hon'ble Court may deem fit and proper under the
facts and circumstances of the case, with costs.”
2. Learned counsel for the petitioner submits that the petitioner, who
was appointed as Assistant District Public Prosecution Officer
through direct recruitment by the Chhattisgarh Public Service
Commission and joined service on 21.12.2010, became entitled to
the first higher pay scale upon completion of ten years of service,
i.e., with effect from 21.12.2020, in terms of the scheme notified
vide Memo dated 28.04.2008. He submits that the post of
Assistant Public Prosecution Officer is specifically included in
Appendix-2 of the said scheme and, despite fulfilment of all the
prescribed conditions, the respondents have neither granted the
benefit nor decided the petitioner's representation dated
22.10.2026. He, therefore, prays for a direction to the respondents
to grant the petitioner the first higher pay scale with effect from
21.12.2020, along with consequential benefits. He also submits
that the petitioner may be permitted to file a fresh representation
before respondent No.3 and a direction be issued to the
respondent No.3 to take and consider his representation.

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3. Learned State counsel submits that in view of the limited prayer,
he is not having any objection.
4. Heard learned counsel for the respective parties.
5. On due consideration and looking to the submissions made by the
counsel for the respective parties, this writ petition at this stage is
disposed of permitting the petitioner to submit a fresh
representation along with other supporting documents before the
concerned respondent authorities and in the event if such
representation is submitted, the same shall be considered and
decided by the concerned respondent authorities in accordance
with law, expeditiously preferably within a period of 3 months from
the date of receipt of the representation.
6. Order accordingly.
Sd/-
(Bibhu Datta Guru)
JUDGE
$. Bhilwar