Facts
The eight petitioners were engaged as daily wage employees (Gangmen) in the Public Works Department (PWD) prior to 1988
Source reference: p. 2Their services were subsequently regularized by Respondent No. 3 as laborers under the work charge and contingency paid employees category
Source reference: para. 2The petitioners claim that despite completing over 10 years of service, they were not granted the benefit of the "first-time scale pay" as stipulated in the State Government’s circular dated 28th January 2011
Source reference: para. 2Although they submitted a joint representation to Respondent No. 5 on 01.12.2025, no decision was rendered by the authorities
Source reference: para. 2Consequently, the petitioners approached the High Court seeking a direction for the grant of said pay scale and interest on delayed payments
Source reference: para. 1Issues
1. Whether the respondent authorities are obligated to decide upon the petitioners' pending representation regarding the grant of first-time scale pay benefits in a time-bound manner
Source reference: para. 2, 4Law Applied
The court’s reasoning was based on the State Government Circular dated 28th January 2011, which outlines the eligibility and procedure for granting the first-time scale pay to regularized employees
Source reference: para. 2Additionally, the court applied the principle of administrative accountability, wherein authorities must consider and decide representations made by employees regarding service benefits in accordance with the law and verified facts
Source reference: para. 4Reasoning
The court noted that the petitioners sought a limited prayer for the disposal of their pending representation
Source reference: para. 2, 4The petitioners argued that similarly situated employees had already received the benefits under the 2011 Circular
Source reference: para. 2Given that the representation had been pending since late 2025, the court found it unnecessary to keep the writ petition pending for a full evidentiary hearing
Source reference: para. 4The State counsel did not object to a direction for the authorities to decide the matter, provided the facts were subject to verification
Source reference: para. 3Consequently, the court shifted the burden to the administrative authorities to verify the service records ("facts and figures") of each petitioner to determine their specific eligibility under the circular
Source reference: para. 4Holding
The High Court disposed of the writ petition without adjudicating on the merits of the petitioners' entitlement
It directed the petitioners to submit a fresh representation to Respondents No. 3 to 5
Source reference: para. 4The Court further ordered the concerned respondents to consider and decide the said representation in accordance with the law and after verifying all relevant facts, within a period of four months from the date of receipt of the order
Source reference: para. 4Original Court PDF
HIRAN SINGHvsSTATE OF CHHATTISGARH
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