Direction to Consider Pay Scale Revision in Accordance with Gazette Notification Dated 14.10.1982 for Regularized Employees

The petitioners (five individuals, including legal heirs of deceased employees) were originally daily wage employees whose services were subsequently regularized by the State.

They filed this writ petition seeking a removal of service anomalies and the grant of pay scales as per the Gazette Notification dated 14.10.1982.

They specifically requested relief similar to the order passed in Bhojram Nayak and Others v. State of Chhattisgarh (WPS No. 3358 of 2025), seeking liberty to file a fresh representation for the revision of their pay scales.

1. Whether the petitioners are entitled to a revision of their pay scale in accordance with the Gazette Notification dated 14.10.1982 issued by the State of Madhya Pradesh (as adopted by Chhattisgarh).

2. Whether the court should direct the respondent authorities to consider a fresh representation by the petitioners in light of existing judicial precedents and notifications.

Gazette Notification dated 14.10.1982 (originally issued by the State of Madhya Pradesh) regarding the pay scales of regularized employees.

Principle of parity and judicial consistency by referencing the Coordinate Bench decision in Dwarikadas Vaishnav & another Vs. State of Madhya Pradesh (now Chhattisgarh) and others (WPS No. 2904 of 2005).

State Administrative Tribunal (Gwalior Bench) ruling in Laxmi Narayan Upadhyay v. State of M.P., which addressed similar anomalies in service benefits.

The court observed that the petitioners claimed to be in a situation identical to the parties in Dwarikadas Vaishnav, where the court allowed employees to approach the competent authority via representation.

The respondent State did not fundamentally oppose the prayer for a fresh evaluation, noting that although the issue had been considered previously in light of the Laxmi Narayan Upadhyay case, the State was willing to reconsider the petitioners' grievances if a fresh representation was submitted.

Consequently, the court found it appropriate to dispose of the petition at the motion stage by granting the petitioners liberty to seek administrative redressal rather than adjudicating the merits of the pay scale anomaly directly.

The Court directed the competent authority to consider and decide the representation in light of the Notification dated 14.10.1982 expeditiously, preferably within six months from the date of receipt of the order.