Chhattisgarh HC Lets Assistant Public Prosecutor Renew Higher-Pay-Scale Plea, Directs Decision Preferably Within 3 Months of Representation

The petitioner, an Assistant District Public Prosecution Officer appointed through direct recruitment, claimed entitlement to the first higher pay scale on completing ten years of service on 21 December 2020, under the Finance and Planning Department Memo dated 28 April 2008.

She submitted that the post was covered by the scheme and that her representation dated 22 October 2026 had not been decided.

She sought the higher scale and consequential benefits or, alternatively, a direction for consideration of her representation.

The State raised no objection to relief in view of the limited prayer.

The Court referred to the Finance and Planning Department Memo No. 97/107/Vitt/Niyam/Char/2008 dated 28 April 2008, including its appendices, as the scheme under which the petitioner claimed the higher pay scale.

It did not interpret the scheme, apply any identified statute or precedent, or determine the petitioner’s substantive eligibility.

Its operative direction was that a fresh representation with supporting documents be considered and decided “in accordance with law”.

The Court recorded the petitioner’s claim that she had completed ten years of service and that her post was covered by the 2008 scheme, but did not assess whether those facts established entitlement to the higher pay scale.

Given the limited prayer and the State’s lack of objection, it disposed of the petition by permitting a fresh representation rather than adjudicating the merits of the pay-scale claim.

The petitioner was permitted to submit a fresh representation, with supporting documents, to the concerned respondent authorities.

Those authorities were directed to consider and decide it in accordance with law, expeditiously and preferably within three months of receipt.