Chhattisgarh High Court
Employment and Labour LawAdministrative and Public Law

Claim for second time-bound pay scale must be considered on comprehensive representation under applicable law.

MAHENDRA KUMAR JAISWAL vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: September 24, 20262 MIN READSOURCE JUDGMENT
Claim for second time-bound pay scale must be considered on comprehensive representation under applicable law.. MAHENDRA KUMAR JAISWAL vs STATE OF CHHATTISGARH. Chhattisgarh High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner, Mahendra Kumar Jaiswal, retired from the post of Assistant Grade-II on 31 March 2026 upon attaining the age of superannuation.

Source reference: para. 2

He claimed that, although he had completed more than 20 years of service and had been granted the first time-bound pay scale after completing 10 years of service, he was not granted the second time-bound pay scale due after completion of 20 years of service.

Source reference: para. 2

Relying on the State Government circulars dated 8 August 2018 and 11 June 2019, and the decisions in R.S. Verma v. State of Chhattisgarh & Ors. and State of Tripura & Ors. v. K.K. Roy, the petitioner sought directions for grant of the second time-bound pay scale, arrears, and interest.

Source reference: paras. 1–2

The State submitted that the petitioner’s grievance could be considered by the competent authority if he submitted a representation.

Source reference: para. 3
02

Issues

Whether the petitioner was entitled to consideration of his claim for the second time-bound pay scale upon completion of 20 years of service under the applicable State Government circulars and precedents?

Source reference: paras. 2, 5

Whether the Court should directly grant the second time-bound pay scale and consequential arrears, or direct the competent authority to first consider the petitioner’s claim through a representation?

Source reference: paras. 3, 5
03

Law Applied

The Court considered the State Government circulars dated 8 August 2018 and 11 June 2019, under which time-bound pay-scale benefits were claimed to be available after completion of 10, 20, and 30 years of service.

Source reference: para. 5

It also relied upon the principles arising from R.S. Verma v. State of Chhattisgarh & Ors., WPS No. 2805 of 2002, decided on 29 August 2006, and the Supreme Court’s decision in State of Tripura & Ors. v. K.K. Roy, reported in 2004 AIR SCW 1, concerning consideration of entitlement to time-bound pay-scale benefits.

Source reference: para. 2

The governing procedural principle applied was that the competent administrative authority should examine the employee’s claim in the first instance, particularly where the factual and service-record aspects required consideration.

Source reference: paras. 3, 5
04

Reasoning

The Court noted that the petitioner had completed more than 20 years of service, had already received the first time-bound pay scale, and claimed non-grant of the second benefit after retirement.

Source reference: paras. 2, 5

Since the claim was founded on the applicable Government circulars and the decisions cited by the petitioner, the Court considered it appropriate for Respondent No. 2—the Commissioner, Land Records—to examine the claim administratively.

Source reference: para. 5

The State did not oppose such consideration and agreed that a representation could be examined in accordance with law.

Source reference: para. 3

Accordingly, without finally determining the petitioner’s substantive entitlement, the Court directed that a comprehensive representation supported by relevant documents be considered expeditiously.

Source reference: para. 5
05

Holding

The writ petition was disposed of without a direct order granting the second time-bound pay scale.

The petitioner was permitted to submit a comprehensive representation, along with supporting documents, to Respondent No. 2.

Source reference: para. 5

The concerned authority was directed to consider and decide the representation in accordance with law, preferably within three months from its receipt.

Source reference: para. 5

No specific direction was issued at this stage regarding arrears or interest.

Source reference: no citation
Chhattisgarh High Court

Original Court PDF

MAHENDRA KUMAR JAISWALvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · September 24, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment