Facts
The 60 petitioners are Class-IV employees (work-charged contingency paid) working in various Government Hostels and Ashrams in District Raigarh
Source reference: p.1-3Pursuant to a Collector's order dated 20.09.2021, the petitioners were granted a revised pay scale upon completion of three years of service
Source reference: p.4, para 2While the regular revised pay scale is currently being paid, the petitioners alleged that the arrears of salary for the period from 2016 to 2021/2022 remain unpaid
Source reference: p.4, para 1.1, 2The petitioners submitted representations to the Assistant Commissioner, Tribal Development (Respondent No. 5) on 20.12.2024 and 23.01.2026, seeking the release of these arrears, which remain pending
Source reference: p.4-5, para 2Issues
1. Whether the respondents are liable to disburse the arrears of the revised pay scale for the period from 2016 to 2021/2022 to the petitioners
Source reference: p.4, para 1.12. Whether the Court should direct the concerned respondent authority to decide on the petitioners' pending representation within a specific timeframe
Source reference: p.5, para 2Law Applied
The court's jurisdiction was invoked under Article 226 of the Constitution of India regarding the enforcement of service benefits and the principle of administrative responsiveness.
Source reference: p.5, para 4The court focused on the procedural obligation of state authorities to consider and decide upon representations submitted by employees regarding statutory or service-related entitlements (such as salary arrears and revised pay scales) in a timely and lawful manner
Source reference: p.5, para 4Reasoning
The court did not adjudicate the merits of the petitioners' claim for arrears. Instead, it focused on the limited prayer made by the petitioners’ counsel for a direction to the authorities to decide the pending representation
Source reference: p.5, para 2Given that the State counsel raised no objection to this limited request, the Court determined that the most appropriate course of action was to ensure administrative accountability.
Source reference: p.5, para 3The court linked the grievance (non-payment of arrears) to the pending representations filed before Respondent No. 5 and concluded that a time-bound administrative decision was necessary to resolve the dispute
Source reference: p.5, para 4Holding
The High Court of Chhattisgarh disposed of the writ petition without entering into the merits of the claim.
It directed Respondent No. 5 (Assistant Commissioner, Tribal Development, Raigarh) to take a decision on the petitioners' pending representations in accordance with the law
Source reference: p.5, para 4The Court ordered that this decision be taken expeditiously, preferably within a period of four months from the date of receipt of the court’s order
Source reference: p.5, para 4-5Original Court PDF
KAMAL SINGH SARTHIvsSTATE OF CHHATTISGARH
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