Facts
The fifty-eight petitioners are Class-IV employees (work-charged contingency paid) serving in various Scheduled Caste/Scheduled Tribe Boys and Girls Ashrams and Hostels within the Sarangarh-Bilaigarh District
Source reference: p. 1-7Having served since 2013, the petitioners were granted entitlement to a regular pay scale by order of the Collector effective from 2016 to 2021
Source reference: p. 8-9While the state commenced payment of the regular pay scale, the accumulated arrears for the period of 2016 to 2021 remained unpaid
Source reference: p. 9The petitioners submitted a formal representation to the authorities on 20.12.2024 (Annexure P-4) seeking the release of these arrears with interest, leading to the filing of the present writ petition
Source reference: p. 8-9Issues
1. Whether the respondents are liable to disburse the arrears of the revised pay scale for the period 2016–2021 following the petitioners' regularization/entitlement
Source reference: p. 8, para 12. Whether a writ of mandamus should be issued directing Respondent No. 5 to decide upon the pending administrative representation regarding the non-payment of salary arrears
Source reference: p. 9, para 4Law Applied
The Court exercised its discretionary jurisdiction under Article 226 of the Constitution of India concerning the enforcement of service entitlements
Source reference: p. 8It applied administrative law principles regarding the exhaustion of alternative remedies and the duty of statutory authorities to decide on pending representations within a reasonable timeframe
Source reference: p. 9, para 4The primary legal obligation stems from the state’s duty to pay salary and arrears once a regular pay scale has been officially sanctioned by competent authority (in this case, the Collector)
Source reference: p. 8, para 2Reasoning
The Court noted that the petitioners’ right to the regular pay scale was undisputed, as the state had already implemented the revised scale for current payments
Source reference: p. 8-9The grievance was confined to the ministerial act of disbursing the accumulated arrears for the preceding five-year period
Source reference: p. 9Given the limited nature of the prayer—specifically seeking a direction for the consideration of a pending representation—the Court found it unnecessary to adjudicate the merits of the entitlement at this stage
Source reference: p. 9, para 4Following the State Counsel's "no objection" to the request for an expedited administrative decision, the Court determined that the most appropriate remedy was to compel Respondent No. 5 to exercise their administrative function and resolve the petitioners' claim in accordance with the law
Source reference: p. 9, para 3-4Holding
The High Court disposed of the writ petition without a direct order on the merits of the arrears, instead issuing a direction to Respondent No. 5 (The Assistant Commissioner, Tribal Development) to take a final decision on the petitioners' pending representation dated 20.12.2024
The Court ordered that this decision be made in accordance with the law, expeditiously, and preferably within four months from the date of receipt of the court order
Source reference: p. 9, para 4-5Original Court PDF
ANIL KUMAR CHAUHANvsSTATE OF CHHATTISGARH
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