Facts
The petitioners, Ayurvedic pharmacists employed in government dispensaries, sought the pay scale of Rs. 5,200–20,200 with Grade Pay of Rs. 2,400 from their respective dates of appointment, together with arrears and interest
Source reference: para. 1At the hearing, counsel for both sides submitted that the issue had already been decided in Harbansh Lal Kurrey & Ors. v. State of Chhattisgarh & Ors., WPS No. 3775 of 2026, and connected matters, by order dated 31 August 2026
Source reference: para. 2Issues
Whether the petitioners were entitled to the revised pay scale of Rs. 5,200–20,200 with Grade Pay of Rs. 2,400 from 1 April 2006, rather than 1 January 2016, on the basis of the prior decision in Harbansh Lal Kurrey
Source reference: paras. 2–3Whether the petition should be allowed in terms of that prior decision
Source reference: para. 4Law Applied
The Court applied its decision in Harbansh Lal Kurrey, which held that the petitioners in that case were entitled to the pay scale of Rs. 5,200–20,200 with Grade Pay of Rs. 2,400 from 1 April 2006, having regard to the Government order dated 22 July 2011, the Supreme Court’s decision in Jagjit Singh, the High Court’s decision in WPS No. 3453 of 2013, and the State’s extension of the same pay benefit to Pharmacist Grade-II employees in the Labour Department from 1 April 2006
Source reference: para. 2, quoting Harbansh Lal Kurrey, para. 14The prior order directed consequential pay fixation and revision of other service benefits, with implementation within four months
Source reference: para. 2, quoting Harbansh Lal Kurrey, paras. 16–17Reasoning
The Court found that the facts and issue in the present petition were identical to those decided in Harbansh Lal Kurrey and saw no reason to take a different view
Source reference: para. 3It therefore applied the relief granted in that decision, including the effective date of 1 April 2006
Source reference: para. 4Holding
The petition was allowed in terms of the order dated 31 August 2026 in Harbansh Lal Kurrey
The respondents were directed to extend the pay scale of Rs. 5,200–20,200 with Grade Pay of Rs. 2,400 from 1 April 2006, with consequential benefits, including pay fixation and revision of other service benefits, within four months from receipt or production of a copy of the order
Source reference: para. 2, quoting Harbansh Lal Kurrey, paras. 16–17Original Court PDF
DEVLAL CHELAKvsSTATE OF CHHATTISGARH
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